Torto Note Member, LLC v Babad
Motion No: 2018-04618
Slip Opinion No: 2021 NY Slip Op 68667(U)
Decided on July 7, 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

M278047

MB/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-04618, 2018-06970

Torto Note Member, LLC, respondent,

v Chaim Babad, et al., appellants.

(Index No. 518494/2017)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Kings County, dated March 6, 2018, and an order of the same court dated May 23, 2018, which were determined by decision and order of this Court dated March 10, 2021. Motion by the appellants Chaim Babad and Chaim Miller for leave to reargue the appeals, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Cross motion by the respondent, inter alia, to confirm that the stay of enforcement of the judgment, which was granted by this Court in a decision and order on motion dated August 13, 2018, as modified in a decision and order on motion dated November 19, 2018, is no longer in effect or, in the alternative, to vacate the stay.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is denied (see CPLR 5519[e]).

MASTRO, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court