Opinion
2021-75972 Motion 2021-03616 2021-03617 2021-03892
12-14-2021
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. Index No. 651458/20 Nos. 2021-00299, 2021-00295
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Saliann Scarpulla John R. Higgitt, Justices.
An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about January 26, 2021 (Case No. 2021-00295), in favor of plaintiff against defendants in the amount of $24, 005, 088.56, bringing up for review, the order, same court, entered on or about January 15, 2021 (Case No. 2021-00299), which granted plaintiff's motion for summary judgment in lieu of complaint, And an order of this Court having been entered on February 23, 2021 (M-2021-00269/00383) inter alia staying execution of the January 26, 2021 judgment pending the hearing and determination of the appeal, And defendants-appellants having moved (M-2021-03616, M-2021-03617) for an order (a) dismissing the appeal from the January 15, 2021 order (Case No. 2021-00299) without prejudice and (b) extending the time to perfect the appeal from the January 26, 2021 judgment (Case No. 2021-00295), And plaintiff-respondent having cross-moved (M-2021-03892) for an order either vacating the stay of enforcement of the judgment, currently in place premised upon the undertaking that defendants-appellants filed on February 5, 2021, or, in the alternative, modifying the stay such that it is contingent upon defendants-appellants' filing of either an additional undertaking, or a new undertaking in place of the existing undertaking, in an amount that will fully protect plaintiff against all damages and costs that have been and will continue to be sustained until disposition of this appeal, Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon, It is ordered the plaintiff-appellants' motions (M-2021-03616/03617) are granted to the extent of extending the time in which to perfect the appeal from the January 26, 2021 judgment (Case No. 2021-00295) to the April 2022 Term of this Court and deeming the appeal from the January 15, 2021 order (Case No. 2021-00299) withdrawn, and
It is further ordered that plaintiff-respondent's cross-motion (M-2021-03892) is granted to the extent that defendants-appellants are directed to post an additional undertaking in the amount of $3 million dollars, with 10 days of the date of this order, and otherwise denied.