1650 Realty Assocs., LLC v. Golden Touch Mgmt., Inc.

• Decision Date: 19 December 2012
• Parties: In the Matter of 1650 REALTY ASSOCIATES, LLC, et al., respondents, v. GOLDEN TOUCH MANAGEMENT, INC., et al., appellants.
• Court: New York Supreme Court — Appellate Division

101 A.D.3d 1016
956 N.Y.S.2d 178
2012 N.Y. Slip Op. 08745

In the Matter of 1650 REALTY ASSOCIATES, LLC, et al., respondents,
v.
GOLDEN TOUCH MANAGEMENT, INC., et al., appellants.

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

Dec. 19, 2012.

[956 N.Y.S.2d 179]

Cole, Schotz, Meisel, Forman & Leonard, P.A., A Professional Corporation, New York, N.Y. (Steven L. Klepper and Lauren M. Manduke of counsel), for appellants.

Glinkenhouse, Floumanhaft & Queen, Cedarhurst, N.Y. (Alan Queen of counsel), for respondents.

PETER B. SKELOS, J.P., ANITA R. FLORIO, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.

[101 A.D.3d 1016]In a proceeding, inter alia, for an accounting, Golden Touch Management, Inc., Paro Management Co., Inc., Jangla Realty Corp., Serhof Realty Corp., Ronald Swartz, and Steven Swartz appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated July 13, 2011, as granted the petitioners' motion for a preliminary injunction to the extent that they were preliminarily enjoined from transferring any assets or monies belonging to the petitioners[101 A.D.3d 1017]without the written consent of Gladys Lind, the petitioners' managing member, and from making any payments from the petitioners' funds to them or their principals, or anyone on their behalf, and set an undertaking in the sum of only $50,000 pursuant to CPLR 6312(b), and (2) from an order of the same court dated August 8, 2011, which, in effect, granted the petitioners' application to clarify the order dated July 13, 2011, to the extent of preliminarily enjoining them from managing the petitioners' properties, and directed them to remit to the petitioners all funds in their possession derived from the subject properties.

ORDERED that on the Court's own motion, the proceeding is converted to an action, inter alia, for an accounting, the order to show cause is deemed to be the summons, and the petition is deemed to be the complaint ( seeCPLR 103 [c] ); and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated August 8, 2011, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted ( seeCPLR 5701[c] ); and it is further,

[956 N.Y.S.2d 180]

ORDERED that the order dated July 13, 2011, is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated August 8, 2011, is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the...