United Artists' Theatre Circuit, Inc. v Kaufman Bedrock Astoria I, LLC
Motion No: 2020-09756
Slip Opinion No: 2021 NY Slip Op 61114(U)
Decided on February 1, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275336

E/sl

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2020-09756

United Artists' Theatre Circuit, Inc., appellant,

v Kaufman Bedrock Astoria I, LLC, respondent.

(Index No. 705911/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered December 9, 2020. Motion by the appellant to stay enforcement of so much of the order as conditioned a stay upon the appellant making certain payments to the respondent, pending hearing and determination of the appeal, or, in the alternative, pursuant to CPLR 5519(a)(2) to fix an undertaking.

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 order as conditioned a stay upon the appellant making certain payments to the respondent is denied; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5519(a)(2) to fix an undertaking is denied without prejudice to moving for this relief in the Supreme Court, Queens County.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court