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KATS v. THROOP AND GATES, INC.

2014-07084, Index No. 13079/11.

140 A.D.3d 832 (2016)

31 N.Y.S.3d 899

2016 NY Slip Op 04386

RUDOLF KATS, Doing Business as COLUMBIA CAPITAL CO., Respondent, v. THROOP AND GATES, INC., Appellant, and CAPITAL L. HOLDINGS, LLC, Intervenor-Respondent, et al., Defendants.

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

Decided June 8, 2016.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court did not improvidently exercise its discretion in denying the appellant's motion, inter alia, to stay the foreclosure sale of the subject premises (see 22 NYCRR 202.7 [f]; CPLR 321 [a]; BiLello v Genesis Seafood, Inc., 28 A.D.3d 412, 412 [2006]). Moreover, contrary to the appellant's contention, the plaintiff was not required to cancel the...

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