APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BLANCA GONZALEZ, as Administratrix of the Goods Chattels and Credits of Angela Villanueva, Deceased, Appellant, -against- ABRAHAM JARO REALTY CORP., and "JOE" COLUMBO, first name being fictitious and unknown, Respondents. |
DECISION
Motion by plaintiff-appellant for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CONTEMP. MED. DIAG. & TREATMENT, P.C. Assignee of TERESA BOONE AND ELIZABETH VILLAFANE, Respondent, -against- GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant. |
DECISION
Motion by defendant-appellant for reargument, or in the alternative, leave to appeal to the Appellate Division is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| METRO MEDICAL DIAGNOSTICS, PC Assignee of HELEN ROBINSON, JACKLINE WILLIAMS, and JASON HARRICHARAN, Respondent, -against- MOTOR VEHICLE ACCIDENT INDEMNITY CORPORATION, Appellant. |
DECISION
Motion by plaintiff-respondent for reargument or, in the alternative, leave to appeal to the Appellate Division denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| GARY MADISON, Respondent, -against- CONTINENTAL AUTO CARE INC., Appellant. |
DECISION
Motion by defendant-appellant to reinstate and continue the stay contained in the order of this court dated March 16, 2005, is granted on condition that appellant perfects the appeal by September 2, 2005; otherwise stay is vacated without further order of this court.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JAMES LYONS, Appellant, -against- MERCHANTS INSURANCE GROUP, Respondent. |
DECISION
That branch of the motion by appellant to strike the respondent's brief denied.
That branch of the motion to enlarge the time to submit a reply brief granted on condition that said brief be served and filed within 14 days of the date of the order hereon; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MARIE ASPILAIRE, Respondent, -against- MARIE ST. LOUIS, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| 835 CARROLL STREET CORP., Appellant, -against- ELEANOR REAP, Respondent. |
DECISION
Motion by landlord-appellant for a stay is granted on condition that appellant perfect the appeal by September 2, 2005; otherwise stay is vacated without further order of this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ELIDE PROPERTIES, LLC, Respondent, -against- ANALISA SALON, LTD. D/B/A SUSAN MARLOWE FIGURE SALON, Appellant. |
DECISION
That branch of the motion by tenant-appellant seeking to be restored to possession pending appeal granted and landlord-respondent is directed to restore tenant-appellant to possession forthwith.
That branch of the motion by tenant-appellant seeking a stay pending determination of the appeal granted on condition that tenant-appellant deposit into the court below the amount of the final judgment within 10 days of the date of the order hereon, pay landlord-respondent base rent of $4,500 prorated from the date that tenant-appellant is restored to possession, continue to pay landlord-respondent rent and/or use and occupancy at a like rate as the same becomes due and perfect the appeal by October 7, 2005. Upon a default in payment, landlord-respondent may move upon three days' notice to vacate the stay.
It is undisputed that tenant-appellant was evicted, in violation of RPAPL 749 (2), on the day that the final judgment was entered, and that the court did not afford tenant a post-judgment opportunity to satisfy the final judgment (RPAPL 751 [1]; see Smith v Pet Port Corp., NYLJ, June 2, 1999 [App Term, 2d & 11th Jud Dists]). In the unique circumstances of this case, including tenant-appellant's offer to satisfy the final
judgment on the day of the eviction, tenant has shown a likelihood of success on the appeal from the order denying her motion to be restored to possession (cf. 467 42nd St. v Decker, 186 Misc 2d 439 [2000]), irreparable injury and a balance of equities tipping in its favor. Accordingly, tenant's motion to be restored to possession pending appeal is granted (see Brooklyn Props. v Shade, NYLJ, Feb. 11, 2003 [App Term, 2d & 11th Jud Dists]).