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313 43rd St. Realty, LLC v. TMS Enters., L.P.

Supreme Court of the State of New York Appellate Division: Second Judicial Department
May 31, 2016
2016 N.Y. Slip Op. 75064 (N.Y. App. Div. 2016)

Opinion

Motion No: 2016-03107

05-31-2016

313 43rd Street Realty, LLC, respondent, v. TMS Enterprises, L.P., et al., appellants, et al., defendant.


M212251

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

(Index No. 512785/15)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Kings County, dated March 16, 2016, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, and enforcement of the order and judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 27, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 27, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

313 43rd St. Realty, LLC v. TMS Enters., L.P.

Supreme Court of the State of New York Appellate Division: Second Judicial Department
May 31, 2016
2016 N.Y. Slip Op. 75064 (N.Y. App. Div. 2016)
Case details for

313 43rd St. Realty, LLC v. TMS Enters., L.P.

Case Details

Full title:313 43rd Street Realty, LLC, respondent, v. TMS Enterprises, L.P., et al.…

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 31, 2016

Citations

2016 N.Y. Slip Op. 75064 (N.Y. App. Div. 2016)