Opinion
Motion No: M-7824
11-21-2019
An appeal having been taken by defendant/counterclaim plaintiff/third-party plaintiff Virginia Iglesias from the order of the Supreme Court, New York County, entered on or about September 26, 2019, And an appeal having been taken by defendants/counterclaim plaintiffs/third-party plaintiffs Laconm Management N.V., Samir Andrawos, Virginia Iglesias, Kashmire Investments, Ltd., Immo Kashmire Development Inc., Sedna Group Ltd., Kuiper Group Ltd. and Ourista N.V., and nominal third-party plaintiffs Barbery Group, Ltd. and Pledge Group Holdings, Inc., from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about September 25 and 26, 2019, And defendant/counterclaim plaintiff/third-party plaintiff Virginia Iglesias, having moved (M-7628) for an order staying enforcement of (i) the order entered on or about September 26, 2019, which required her to place first mortgages on eight properties in St. Maarten on or before October 25, 2019; and (ii) that portion of the order and judgment entered on or about September 25 and 26, 2019 which superseded, replaced and vacated the portion of the order and judgment of the same court, entered on December 21, 2018, which vacated the contempt order previously entered October 16, 2018, pending the hearing and determination of the appeals taken therefrom, And defendants/counterclaim plaintiffs/third-party plaintiffs Laconm Management N.V., Samir Andrawos, Kashmire Investments, Ltd., Immo Kashmire Development Inc., Sedna Group Ltd., Kuiper Group Ltd. Ourista N.V., and Barbery Group, Ltd. having moved (M-7657) for an order staying enforcement of the seventh, subsections (b) and (e), tenth and eleventh decretal paragraphs of the order and judgment entered on or about September 25 and 26, 2019, pending hearing and determination of the appeal taken therefrom, And plaintiff/counterclaim defendant/third-party defendants-respondents Suttongate Holdings Limited, Arie E. David and Waverly Investments, Ltd. having moved (M-7658)for an order dismissing the appeal taken from the order and judgment entered on or about September 25 and 26, 2019, And defendants/counterclaim plaintiffs/third-party plaintiffs Laconm Management N.V., Samir Andrawos, Virginia Iglesias, Kashmire Investments, Ltd., Immo Kashmire Development Inc., Sedna Group Ltd., Kuiper Group Ltd. and Ourista N.V., and nominal third-party plaintiffs Barbery Group, Ltd. and Pledge Group Holdings, Inc., having cross moved (M-7824) for an order pursuant to CPLR 5701(c) granting them leave to appeal from the order and judgment entered on or about September 25 and 26, 2019, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motion (M-7658) to dismiss the appeal taken from the order and judgment entered on or about September 25 and 26, 2019 is denied. The cross-motion (M-7824) for leave to appeal said order and judgment is denied as unnecessary, and it is further Ordered that the motion by defendant/counterclaim plaintiff/third-party plaintiff Virginia Iglesias (M-7628) for an order staying enforcement of (i) the order entered on or about September 26, 2019 and (ii) that portion of the order and judgment entered on or about September 25 and 26, 2019 which superseded, replaced and vacated the portion of the order and judgment of the same court, entered on December 21, 2018, pending the hearing and determination of the appeals taken therefrom, is denied, and it is further Ordered that the motion by defendants/counterclaim plaintiffs/third-party plaintiffs Laconm Management N.V., Samir Andrawos, Kashmire Investments, Ltd., Immo Kashmire Development Inc., Sedna Group Ltd., Kuiper Group Ltd. Ourista N.V., and Barbery Group, Ltd. having moved (M-7657) for an order staying enforcement of the seventh, subsections (b) and (e), tenth and eleventh decretal paragraphs of the order and judgment entered on or about September 25 and 26, 2019, pending hearing and determination of the appeal taken therefrom, is denied, and it is further Ordered that the interim relief granted by orders of a Justice of this Court, dated October 8, 2019, is hereby vacated.
ENTERED: November 21, 2019
__________ DEPUTY CLERK
PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Peter H. Moulton, Justices
M-7824
M-7658
M-7657
M-7628
Index No. 652393/15