Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)

Citation: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Parent Document: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-18
Original Source: https://www.courtlistener.com/opinion/10360937/tibta-v-156-e-21-llc/ ↗

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Petitioner contends 156 E 21 LLC "fails to include any details . . . regarding [its] financial well-being," and "could simply post a bond or written undertaking" if it was "seriously facing any exigency or hardship . . . and enforcement of the [j]udgment would automatically be stayed." (NYSCEF Doc No. 36, petitioner's attorney's affirmation ¶¶ 45-46.) Citing to Pauk v Pauk, 232 AD2d 386 (2d Dept 1996), and Tencza v Hyland, 149 Misc 2d 403 (Sup Ct, Oneida County 1990), petitioner argues that application for an automatic stay for the fixing of an undertaking must have been made at the time the notice of appeal was filed on November 27, 2024; thus, respondents are "precluded from seeking an automatic stay under CPLR 5519 (a) (6), because [they] did not simultaneously move for an undertaking when [they] filed [their] notice of appeal." (Id. ¶¶ 54-59.)

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