| Iron Mountain Information Management, Inc. v Pullman |
| Motion No: 2006-09000 |
| Slip Opinion No: 2006 NYSlipOp 77604(U) |
| Decided on October 13, 2006 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M45648
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-09000 Iron Mountain Information Management, Inc., appellant, v Ester Diane Pullman, etc., et al., respondents.
(Index No. 1175/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated September 8, 2006, to enjoin the respondents, their agents, or employees from selling, leasing, renting, or otherwise alienating or conveying the premises, including any act or communication in furtherance of any such sale, lease, etc., of the premises or from interfering with the appellant's possession, use, or occupancy of the premises, and to require the respondents to continue to abide by the terms and conditions of the parties lease, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the respondents, their agents, or employees are enjoined from selling, leasing, renting, or otherwise alienating or conveying the premises, including any act or communication in furtherance of any such sale, lease, etc., of the premises or from interfering with the appellant's possession, use, or occupancy of the premises, and the respondents are required to continue to abide by the terms and conditions of the parties lease, pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before November 16, 2006, and (2) the appellant continues to pay rent in accordance with the terms of its current lease pending hearing and determination of the appeal; and it is further,
ORDERED that in the event that either of the above conditions is not complied with, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court