Motion to Stay Execution in New York

What Is a Motion to Stay Execution?

Background

A court may, on its own initiative or on motion, stay the enforcement of a judgment. (Civ. Prac. Law & Rules, § 5240.) The purpose of this “broad discretionary power” is to permit the trial court to “prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the court.” (Country Bank v. Broderick, 120 A.D.3d 463, 464 [2nd Dept. 2014].)

How to Structure the Motion

Section 5519(a) provides for an automatic stay of execution. (Civ. Prac. Law & Rules, § 5519(a).) It states that “[s]ervice upon the adverse party of a notice of appeal… stays all proceedings to enforce the judgment or order appealed.” (Id.) This provision may be applicable where

the appellant or moving party is the state or any political subdivision of the state or any officer or agency of the state or of any political subdivision of the state; or
the judgment or order directs the payment of a sum of money; or
the judgment or order directs the assignment or delivery of personal property, and the property is placed in the custody of an officer designated by the court of original instance; or
the judgment or order directs the execution of any instrument, and the instrument is executed and deposited in the office where the original judgment or order is entered to abide the direction of the court to which the appeal is taken; or
the appellant or moving party is in possession or control of real property which the judgment or order directs be conveyed or delivered.

(Id.)

The court is authorized to order a stay of execution under other similar circumstances as appropriate. (Civ. Prac. Law & Rules, § 5519(c).) These circumstances include where an interlocutory judgment is being appealed and where there are counterclaims that might offset that judgment. (Id.; Fortgang v. Chase Manhattan Bank, 29 A.D.2d 41, 43 [2nd Dept. 1967].)

The court also has discretion to stay execution of an award of partial summary judgment to avoid possible prejudice to the party against whom the judgment is granted. (Civ. Prac. Law & Rules, § 3212(e); Robert Stigwood Organisation, Inc. v. Devon Co., 44 N.Y.2d 922, 923 [1978].)

The Court’s Decision

The discretion to stay execution of an award of partial summary judgment “is not unlimited, and is to be exercised only if there exists some articulable reason for concluding that the failure to impose conditions might result in some prejudice, financial or otherwise, to the party against whom the partial summary judgment is granted should that party subsequently prevail on the unsettled claims.” (Robert Stigwood Organisation, Inc. v. Devon Co., 44 N.Y.2d 922, 923 [1978]; Levy v. Renck, 137 A.D.2d 464, 466 [2st Dept. 1988].) A court abuses its discretion when it grants a stay of execution absent sufficient facts in the record supporting a claim that the party against whom summary judgment was granted would be prejudiced. (Trans World Maintenance Services, Inc. v. Luna Park Housing Corp., 157 A.D.2d 586, 588 [1st Dept. 1990].)

Documents for Motion to Stay Execution in New York

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People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York v. Donald J. Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, Allen Weisselberg, Jeffrey Mcconney, The Donald J. Trump Revocable Trust, The Trump Organization, Inc., Trump Organization Llc, Djt Holdings Llc, Djt Holdings Managing Member, Trump Endeavor 12 Llc, 401 North Wabash Venture Llc, Trump Old Post Office Llc, 40 Wall Street Llc, Seven Springs Llc document preview

EXHIBIT(S) - 11 (Motion #039) - March 14, 2024 submission of supersedeas b…

28 pages

UD NEW 0 OUN INDEX NO. 452564/2022 NYSCEF BOC. NO. 1750 RECEIVED NYSCEF: 04/19/2024 Amer Affirmation Exhibit # 11 (FILED: NEW YORKase COUNTY_CLER -CV =LA 04 719720 [2…

Case Name People Of The State Of New York, By Letitia James, Attorney General Of The…