Sakow v. 633 Seafood Restaurant, Inc.

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 plaintiffs cross motion for summary judgment, unanimously affirmed, without costs.

*299The failure to obtain a stay is fatal to plaintiffs 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sale pursuant to an order reversed by this Court (Matter of Sakow [633 Seafood Rest.], 297 AD2d 229 [2002]) should be rescinded (CPLR 5523; Aubrey Equities v Goldberg, 247 AD2d 253 [1998], lv denied 92 NY2d 802 [1998]).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 plaintiffs interest is solely…