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SP Prop. 232 Court, LLC v. Ideal Props. Grp.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Dec 19, 2019
2019 N.Y. Slip Op. 87177 (N.Y. App. Term 2019)

Opinion

Motion No: 2018-01479 KC

12-19-2019

SP Property 232 Court, LLC, Respondent, v. Ideal Properties Group, LLC, Appellant.


THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by respondent, in effect, to recall and vacate a decision and order on motion of this court dated September 6, 2019, which, on the court's own motion, struck from this court's general calendar and appeals calendar an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 11, 2018, for a preference for a calendaring of the appeal, and to modify the terms of a stay granted by decision and order on motion of this court dated October 19, 2018 and extended by decision and order on motion of this court dated March 1, 2019. Separate motion by appellant to enlarge the time to perfect the appeal and to continue the stay or, in the alternative, in effect, for summary reversal. Cross motion by respondent for the same relief sought in its main motion or, in the alternative, to dismiss the appeal.

Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition thereto, it is

ORDERED that respondent's motion, appellant's motion and respondent's cross motion are consolidated for purposes of disposition; and it is further,

ORDERED that the branch of appellant's motion seeking to enlarge the time to perfect the appeal and to continue the stay is granted to the extent that time to perfect the appeal is extended to 30 days after the date of this decision and order on motion and the stay is continued on condition that within five days of the date of this decision and order on motion, appellant deposit into the Civil Court the sum of $75,000; in the event the deposit is not made within the five days, the stay is vacated effective immediately after the five days; and it is further,

ORDERED that the remainder of appellant's motion and respondent's motion and cross motion are held in abeyance in the interim.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

ENTER:

Paul Kenny Chief Clerk


Summaries of

SP Prop. 232 Court, LLC v. Ideal Props. Grp.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Dec 19, 2019
2019 N.Y. Slip Op. 87177 (N.Y. App. Term 2019)
Case details for

SP Prop. 232 Court, LLC v. Ideal Props. Grp.

Case Details

Full title:SP Property 232 Court, LLC, Respondent, v. Ideal Properties Group, LLC…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Dec 19, 2019

Citations

2019 N.Y. Slip Op. 87177 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 87178