Sakow v 633 Seafood Rest. (2003 NY Slip Op 18926)

Sakow v 633 Seafood Rest.

2003 NY Slip Op 18926 [1 AD3d 298]

November 25, 2003

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

Marion Sakow, on Behalf of Herself and in the Right of 633 Seafood Restaurant, Inc., Appellant,
v
633 Seafood Restaurant, Inc., et al., Respondents.

— Order, Supreme Court, New York County (Richard Lowe, III, J.), entered June 9, 2003, which granted defendants' motions for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.

The failure to obtain a stay is fatal to plaintiff's claim that the sale pursuant to an order reversed by this Court (Matter of Sakow [633 Seafood Rest.], 297 AD2d 229 [2002]) should be rescinded (CPLR 5523; Aubrey Equities v Goldberg, 247 AD2d 253 [1998], lv denied 92 NY2d 802 [1998]). It is clear that plaintiff's interest is solely monetary, she has an adequate remedy at law, and restoration of the status quo ante is impractical (see Rudman v Cowles Communications, 30 NY2d 1, 13-14 [1972]). The purchaser's awareness that an appeal was pending is irrelevant (Da Silva v Musso, 76 NY2d 436, 441-442 [1990]).

We have considered plaintiff's other contentions and find them unavailing. Concur—Mazzarelli, J.P., Saxe, Williams, Lerner and Marlow, JJ.