Opinion
February 26, 1996
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the order is affirmed, with costs.
In a prior decision and order, this Court, inter alia, reversed so much of a judgment of the Supreme Court, Kings County, dated November 16, 1992, as was in favor of the respondents and against the appellants in the principal sum of $75,000 and remitted the matter for a trial (see, Ehrlich v. Island Plus Agency, 205 A.D.2d 579). During the pendency of that appeal, however, the appellants did not obtain a stay pursuant to CPLR 5519, and the $75,000 was delivered to the respondents from escrow. The appellants subsequently moved, pursuant to CPLR 5225 (b), for an order requiring the respondents to return the $75,000 claiming that this Court's order in the prior appeal returned the parties to their original status. As the respondents contend, however, a proceeding pursuant to CPLR 5225 (b) is an inappropriate procedure for obtaining a return of the money since there is no judgment in favor of the appellants for $75,000 (see, CPLR 5225 [b]). Therefore, the Supreme Court properly denied the appellants' application. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.