Opinion
2303.
November 25, 2003.
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered June 9, 2003, which granted defendants' motions for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.
Morton S. Robson, for Plaintiff-Appellant.
Victor Rivera, Jr. Kurt W. Lenz, for Defendants-Respondents.
Before: Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.
The failure to obtain a stay is fatal to plaintiff's claim that the sale pursuant to an order reversed by this Court (Matter of Sakow [633 Seafood Rest.], 297 A.D.2d 229) should be rescinded (CPLR 5523; Aubrey Equities v. Goldberg, 247 A.D.2d 253, lv denied 92 N.Y.2d 802). It is clear that plaintiff's interest is solely monetary, that she has an adequate remedy at law, and restoration of the status quo ante is impractical (see Rudman v. Cowles Communications, 30 N.Y.2d 1, 13-14). The purchaser's awareness that an appeal was pending is irrelevant (Da Silva v. Musso, 76 N.Y.2d 436, 441-442).
We have considered plaintiff's other contentions and find them unavailing.