| 90 N. 1st St. Corp. v Grace Food Dist., Inc. |
| Motion No: 2005-01475 KC 02-22-2007 |
| Slip Opinion No: 2007 NYSlipOp 65312(U) |
| Decided on March 12, 2007 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 90 NORTH 1ST STREET CORP., Respondent, -against- GRACE FOOD DIST., INC., Appellant -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by respondent for reargument of this court's order dated January 18, 2007, which, inter alia, denied respondent's motion to dismiss the appeal for failure to properly perfect the appeal, granted and, upon reargument, respondent's motion is granted to the extent of striking the matter from the General Calendar. All briefs shall be returned to the respective parties and the record remitted to the court below. The stay contained in the order of this court dated September 21, 2006 is continued on condition that appellant perfects the appeal, including settling any and all minutes, within 60 days of the date of the order hereon. Appellant shall continue to comply with all the other conditions contained in the order of this court dated September 21, 2006.
In the event that the parties are unable to reconstruct the missing testimony, tenant, if it be so advised, may move for summary reversal.