SCHACHTER v. SOFASA LLC

1210N, 601646/04.

66 A.D.3d 526 (2009)

885 N.Y.S.2d 902

2009 NY Slip Op 7359

MICHAEL SCHACHTER, Appellant, v. SOFASA LLC, Doing Business as DIAMCO TRADING CO., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 15, 2009.


The IAS court properly denied plaintiff's motion to stay enforcement of the money judgment. Plaintiff and defendant were former owners of a joint venture, Diamco Trading Co. Plaintiff sought to stay execution of the judgment pending the IAS court's determination as to whether defendant complied with the judgment's requirement that it provide an accounting of Diamco's liquidation. Since plaintiff never appealed from the judgment nor posted an undertaking, the court had no...

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