Trustees Of The New York City District Council Of Carpenters Pension Fund v…
Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Abalene Decorating, Inc.
- Castel's
- 1:20-cv-02559
- U.S. District Court · Southern District of New York
- 3
In Trustees v. Abalene Decorating, Judge Castel's record contains City View's request for a bond and stay, not a court ruling.
City View Blindsof N.Y., Inc. sought to pause enforcement of the stated $92,589.86 default judgment and protect funds held by its bank and customer; the provided text does not state the effect of any court ruling on the plaintiff or other parties.
What happened
In Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Abalene Decorating, Inc., City View Blindsof N.Y., Inc. asked the court to approve a bond and pause enforcement of a money judgment while its appeal proceeded.
City View said its proposed bond was 110% of the $92,589.86 judgment, or $101,848.84. It argued that Federal Rule of Civil Procedure 62 allowed a stay after judgment when a party provides a bond or other security, including when the judgment followed a default. City View also argued that its appeal concerned the order denying its request to vacate the default judgment and was sufficiently connected to that judgment.
The document is a May 24, 2021 letter from City View's lawyer to Judge P. Kevin Castel, not a court opinion or order. It asks Judge Castel to approve the bond, stay enforcement, and stop collection efforts, but the provided text does not state that the court granted or denied that request.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:20-cv-02559
- Castel's
- June 8, 2021
Document and procedural posture
The provided text is a May 24, 2021 letter from Adam C. Weiss, counsel for Defendant City View Blindsof N.Y., Inc., to Judge P. Kevin Castel. It is not a judicial opinion or order. The letter asks the court to approve a supersedeas bond—a bond intended to secure payment while a judgment is being appealed—and stay enforcement of the judgment under Federal Rule of Civil Procedure 62(b).
Background
The letter states that the plaintiff obtained a default judgment against City View for $92,589.86. It also states that the court had previously denied City View's first request for a stay, which sought a lower bond, and had denied a second request without prejudice to allow City View to provide legal support for the use of a supersedeas bond. The letter does not reproduce those prior orders in full.
City View's arguments
City View represented that it had filed a bond for $101,848.84, equal to 110% of the judgment. It argued that Rule 62(b) permits a party to obtain a stay after judgment by providing a bond or other security, and it cited decisions describing a bond's purposes as protecting the judgment debtor's ability to obtain repayment, reducing the risk that the judgment cannot be collected, and compensating the judgment creditor for delay-related losses.
City View also disputed the court's earlier statement that it was not appealing the judgment itself. According to the letter, City View was appealing the denial of its motion to vacate the judgment, and a reversal of that decision would set aside the underlying default judgment. City View further stated that its appeal filings listed both the October 7, 2020 default judgment and the order denying its motion to vacate.
Requested relief and disposition
City View asked Judge Castel to approve the bond, stay the case, and halt enforcement proceedings against its bank and customers. The provided text does not contain a ruling on that request. Therefore, it does not establish whether the bond was approved, whether enforcement was stayed, or whether any other relief was granted or denied.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.