JY Parapet L.P. v Earnick Enterprises, Inc.
Motion No: 2023-01715
Slip Opinion No: 2024 NY Slip Op 76454(U)
Decided on October 16, 2024
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

M299996

KS/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-01715, 2023-01717, 2023-04888

JY Parapet L.P., respondent, v Earnick

Enterprises, Inc., et al., appellants, et al.,

defendants.

(Appeal Nos. 1 and 2)

JY Parapet L.P., respondent-appellant,

v Earnick Enterprises, Inc., et al.,

appellants-respondents, et al., defendants.

(Appeal No. 3)

(Index No. 501885/2022)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated December 12, 2022, and appeal and cross-appeal from a judgment of the same court dated April 24, 2023. Motion by Earnick Enterprises, Inc., E.N.G. Carribean Vision Center, Inc., and Edgar Henry for an award of costs and to impose sanctions against nonparties Harry Horowitz, temporary receiver, and Adam Kalish, counsel for the temporary receiver, for violating a decision and order on motion of this Court dated May 31, 2024, which granted the motion by Earnick Enterprises, Inc., E.N.G. Carribean Vision Center, Inc., and Edgar Henry which was to stay enforcement of the judgment, pending hearing and determination of the appeals and cross-appeal.

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

ORDERED that the motion is denied.

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court