Opinion
Motion No: M-4990
10-30-2018
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 said appeal having been perfected, And plaintiffs-respondents having moved for an order compelling defendants-appellants to post a $4 million bond, as required by this Court's order entered August 2, 2018 (M-3230/M-3293), as a condition of the stay granted to defendants of the sale of the artwork in question pending hearing and determination of the appeal, or a conditional order dismissing the appeal if defendants-appellants do not post the bond, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is deemed one to include a request to vacate the stay of the sale of the artwork in question pending appeal granted by this Court's order entered August 2, 2018, and, as such, is granted unless defendants-appellants post a $4 million bond within five (5) days of the date hereof. The Clerk is directed to maintain the appeal on the December 2018 Term. The motion is otherwise denied.
ENTERED: October 30, 2018
_____________________ CLERK
Present - Hon. Dianne T. Renwick,Justice Presiding, Peter Tom Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern,Justices
M-4990
Index No. 161799/15