71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)

Citation: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Parent Document: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Jurisdiction: New York (state)
Effective Date: 2026-05-28
Original Source: https://www.courtlistener.com/opinion/10866522/71st-st-lexington-corp-v-frankel/ ↗

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The motion court properly denied defendant's motion to set an undertaking for the purposes of invoking the automatic stay under CPLR 5519(a)(6). Contrary to defendant's contention, the automatic stay under CPLR 5519(a)(6) does not apply to the court's order granting plaintiff summary judgment, as the order does not direct the turnover of the apartment's shares, nor does it direct their sale. It merely declares that plaintiff is entitled to do so under the proprietary lease (see Tax Equity Now NY LLC v City of New York, 173 AD3d 464, 465 [1st Dept 2019]). Additionally, defendant was not "in possession or control of real property" in order for CPLR 5519(a)(6) to apply when the summary judgment order was entered since he had already been ejected from the apartment.

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