May 22, 2015 – M&H Wins Stay of Mortgage Foreclosure Sale

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In this mortgage foreclose action, the Appellate Division, Second Department, in accordance with M&H's arguments, granted a stay restraining the sale of two parcels of real property and enjoining the defendant from assigning its rights under a Queens County Supreme Court Judgment of Foreclosure, pending the determination of the appeal.

Eldridge Properties, Inc. v Skarla

Motion No: 2015-03365

Slip Opinion No: 2015 NY Slip Op 74096(U)

Decided on May 22, 2015

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.



Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M192665

E/ct

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered March 27, 2015.

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

ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is granted, and the foreclosure sale of the subject premises, located at 3-29 150th Street, Queens, New York, and 23-33 31st Street, Queens, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 6, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 6, 2015, the Court, on its own motion, may vacate the stay, without further notice, or any party may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., CHAMBERS, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court