Opinion
Motion No. 2021-00269 Motion No. 2021-00383
02-23-2021
Talos Capital Designated Activity Company (formerly known as Talos Capital Limited) acting by and through its special servicer, Green Loan Services LLC, Plaintiff-Respondent, v. 257 Church Holdings LLC, BA 616 Collins Member LLC, Leeds Capital LLC and Ben Ashkenazy, Defendants-Appellants.
Present - Hon. Judith J. Gische, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton Saliann Scarpulla, Justices. Index No. 651458/20
Case Nos. 2021-00295 2021-00299
An appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about January 26, 2021, in favor of plaintiff against defendants-appellants in the amount of $24,005,088.56, bringing up for review the order of the same court, entered January 15, 2021, which granted plaintiff's motion for summary judgment in lieu of complaint,
And defendants-appellants having moved for an order pursuant to CPLR 5519(c) staying enforcement of the judgment pending hearing and determination of the appeal (M-2021-00269),
And plaintiff-respondent having cross-moved for an order enjoining defendant-appellants from transferring or secreting assets until the earlier of (1) the filing of an appropriate undertaking sufficient to cover the principal amount of the judgment entered against them, together with poundage thereon owed to the City Marshal, together with all interest that may accrue thereon until disposition of the appeals, without limitation or cap, plus reasonable attorneys' fees and costs or (2) the resolution of the appeals,
Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon,
It is ordered that the motion (M-2021-00269) is granted to the extent that the execution of the judgment is stayed pending the hearing and determination of the appeal therefrom, defendants-appellants having posted an undertaking sufficient to secure the judgment (CPLR 5519[a][2]), and
It is further ordered that the cross motion (M-2021-00383) is denied. ENTERED: February 23, 2021
/s/
Susanna Molina Rojas
Clerk of the Court