East 22nd Equities LLC v Kenneth Andrews & Cody Staggers
Motion No: 2006-01191 KC
Slip Opinion No: 2006 NYSlipOp 75353(U)
Decided on September 7, 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 : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: GOLIA, J.P., RIOS and BELEN, JJ.

NO. 2006-1191 K C
EAST 22ND EQUITIES LLC,

Appellant,

-against-


KENNETH ANDREWS and CODY STAGGERS,

Respondents,

-and-

JOHN DOE and JANE DOE,

Undertenants.

DECISION

That branch of the motion by landlord-appellant seeking a stay of so much of the order of the court below as directed it to tender a renewal lease is granted pending determination of the appeal.

That branch of the motion seeking leave to commence a nonpayment proceeding against respondent Staggers without prejudice to the instant appeal is denied.