Opinion
Motion No: M-503
03-21-2019
Linda Macklowe, Plaintiff-Appellant, CONFIDENTIAL v. Harry Macklowe, Defendant-Respondent.
An order of a Justice of this Court having been entered on March 21, 2019, granting plaintiff leave to appeal to this Court from an order of the Supreme Court, New York County, entered on or about January 3, 2019 (See M-474, decided simultaneously herewith), And plaintiff having moved for an order staying enforcement of the portion of the aforesaid order of the Supreme Court, New York County, entered on or about January 3, 2019, which, inter alia, directed the sale of the artwork set forth in Schedule II and III thereof, the appointment of a receiver to sell the artwork, and other steps to effectuate the sale, pending hearing and determination of the appeal therefrom (M-502), And defendant having cross moved for an order (1) denying the motion, (2) declining to stay the appointment of the receiver or otherwise limit the receiver's authority to, inter alia, secure the artwork and prepare it for sale, (3) conditioning any stay on plaintiff posting of an undertaking in the amount of not less than $250 million to protect defendant's interest in the artwork against a decline in value during the pendency of the appeal, and (4) directing plaintiff to perfect the appeal within 30 days of the decision on the motions (M-503), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion and cross motion are granted solely to the extent that the final sale of the artwork set forth in Schedules II and III in the order of the Supreme Court, New York County, entered on or about January 3, 2019, is stayed pending the hearing and determination of the appeal, on condition that the appeal is perfected for the September 2019 Term. Upon the appointment of the receiver, plaintiff shall comply with all requests of the receiver with respect to the preparation of the artwork for sale, including but not limited to securing the artwork to prevent any harm or destruction and/or delivering the artwork to the receiver or the receiver's designee. The motion and cross motion are otherwise denied, including, but not limited to the request that the Court direct plaintiff to post an undertaking.
ENTERED: March 21, 2019
_____________________ CLERK
PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Peter H. Moulton,Justices
M-503
M-502
Index No. 350044/16