David Smith v Country Serv., Inc.

David Smith v Country Serv., Inc.

Motion No: 2005-01471 orc

Slip Opinion No: 2006 NYSlipOp 63510(U)

Decided on February 16, 2006

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.

NO. 2005-1471 OR C

DAVID SMITH,

Respondent,

-against-

COUNTRY SERVICE, INC.,

Appellant.

DECISION

Motion by landlord-respondent to require tenant to pay rent and certain taxes, and to release the $4,000 deposited with the court below is denied.

The instant motion has been rendered moot by the order of this court dated December 16, 2005. In the event that tenant fails to comply with the order of this court dated December 16, 2005, landlord may move upon 3 days' notice to vacate the stay.