| S&G Golden Estates, LLC v New York Golf Enterprises, Inc. |
| Motion No: 2020-06262 |
| Slip Opinion No: 2020 NY Slip Op 73813(U) |
| Decided on October 28, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M273243
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2020-06262 S & G Golden Estates, LLC, et al., respondents, v New York Golf Enterprises, Inc., etc., appellant. (Index No. 33765/2016)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Rockland County, dated August 10, 2020. Motion by the appellant to stay enforcement of so much of the judgment as directed specific performance of the subject contract, and direct that the respondents maintain the sum of $950,000 in an interest-bearing escrow account, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of so much of the judgment as directed specific performance of the subject contract is granted, and enforcement of so much of the judgment as directed specific performance of the subject contract is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before November 27, 2020; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 27, 2020, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court