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GRIFFON LORING LLC v. AMETHYST ALT ASSET FUND 2016 LLC

Index No. 154292/19. Appeal No. 15656. Case No. 2021-02663.

204 A.D.3d 407 (2022)

163 N.Y.S.3d 801

2022 NY Slip Op 02224

Griffon Loring LLC, Appellant, v. Amethyst Alt Asset Fund 2016 LLC et al., Respondents.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Cordova & Schwartzman, LLP, Garden City ( Jonathan B. Schwartzman , of counsel) for appellant.

Rodriguez-McCloskey PLLC, Brooklyn ( Craig Stuart Lanza , of counsel) for Amethyst Alt Asset Fund 2016 LLC, respondent.

Sills Cummis & Gross P.C., New York ( Joshua N. Howley , of counsel) for Stout Street Fund I, L.P., respondent.

Concur—Gische, J.P., Moulton, Scarpulla, Shulman, Pitt, JJ.

The prior order had mandated, based on a prior stipulation, that Stout Street agreed not to sell the disputed properties, despite an order in a foreclosure action determining that it was entitled to judgment of foreclosure and sale of those properties. As the motion court aptly noted upon reargument, however, Stout Street was, in fact, entitled to sell the disputed properties, since it had never entered into the so-ordered stipulation...

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