Opinion
2022-01608 Index 655352/17
05-05-2022
Timothy Simon Spicer, Jeffrey Paul Arnold Day, Mark Andrew Bullough, Dominic Edward McCausland Armstrong, Lord Peter Anthony Inge, John Allan Birch and James William Marriot Ellery, Plaintiffs-Respondents, v. Gardaworld Consulting (UK) Limited, Defendant-Appellant. Gardaworld Consulting (UK) Limited, Counterclaim Plaintiff-Appellant, v. Timothy Simon Spicer, Jeffrey Paul Arnold Day and Mark Andrew Bullough, Counterclaim Defendants-Respondents. Motion No. 2022-01608 No. 2022-01533
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Ellen Gesmer Tanya R. Kennedy Julio Rodriguez III, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 15, 2022, which denied the motion of defendant/ counterclaim-plaintiff-appellant, Gardaworld Consulting (UK) Limited (Garda), to attach $59,733,340.90 of a $70 million earnout payment that Garda is obligated to make to a bank account in Switzerland controlled by plaintiff and counterclaim defendant-respondent Jeffrey Day, And defendant/counterclaim-plaintiff-appellant, Garda, having moved to: (1) stay the aforesaid order entered April 15, 2022, and (2) stay any obligation of Garda to make the $70 million earnout payment by April 19, 2022 or in the alternative to allow Garda to deposit the $59,733,340.90 with the Court, or with a bank account located in New York and selected by the parties,
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 denied . The interim relief granted by order of a Justice of this Court dated April 18, 2022 is hereby vacated.