Opinion
M-3293 M-3230
08-02-2018
Timothy Reif and David Fraenkel, as Co-Executors of the Estate of Leon Fischer and Milos Vavra, Plaintiffs-Respondents, v. Richard Nagy, Richard Nagy Ltd., etc., Defendants-Appellants.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 11, 2018, And defendants-appellants having moved for a stay of enforcement of the order appealed from, including all proceedings, pending hearing and determination of the appeal taken therefrom, and for related relief (M-3230), And plaintiffs-respondents having cross-moved for dismissal of the aforesaid appeal or in the alternative, to calendar the instant appeal for the October 2018 Term, and for posting of a bond as a condition of the stay, and for other relief (M-3293), 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 (M-3230) is granted only to the extent of staying the sale of the artworks in question, on condition defendant-appellants perfect the appeal on or before October 1, 2018 for the December 2018 Term, and the motion is otherwise denied. The cross motion to dismiss the appeal is denied, and defendants-appellants are directed to post a bond in the amount of $4 million as a condition of the stay (M-3293).
ENTERED: August 2, 2018
_____________________ CLERK
Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices
Index No. 161799/15