- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jun 15 2011 (Date Decided)
- Division, First Department.Friedman, J.P., Sweeny, Acosta, Abdus-Salaam, Manzanet-Daniels, JJ.
8980. CADLEROCK JOINT VENTURE, L.P., Plaintiff-Appellant-res, v. DAVID S. BERSSON def — ELAINE THOMPSON, PROPOSED INTERVENOR-PLAINTIFF, MARC BENHURI Proposed Intervenorsplf-ap, —AGAINST— MEL COOPER, Proposed def, IMPERIAL CAPITAL, LLC, Proposed Intervenor-def-res — Vlock & Associates, P.C., New York (Stephen Vlock of counsel), for appellant-res — Law Offices of Nathaniel B. Smith, New York (Nathaniel B. Smith of counsel), for ap — Order, Supreme Court, New York County (Barbara Kapnick, J.), entered June 15, 2011, which, to the extent appealed from as limited by the briefs, granted defendant David Cooper and intervenor Imperial's cross motion to stay a sheriff's sale of a condominium belonging to defendant-judgment debtor Mel Cooper, and denied intervenors-judgment creditors Benhuri, Kroitoro and Epstein's motion to have a receiver appointed to conduct the sale, unanimously reversed, on the law, without costs, the stay vacated, and the sale directed to proceed under the auspices of a receivership, pursuant to the parties' stipulation.