| 90 N. 1st St. Corp. v Grace Food Dist., Inc. |
| Motion No: 2005-01475 KC |
| Slip Opinion No: 2008 NYSlipOp 68513(U) |
| Decided on March 19, 2008 |
| 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
On the court's own motion, the motion by landlord-respondent to vacate the stay pending appeal and for other relief and the cross motion by tenant-appellant for summary reversal and related relief are held in abeyance for 30 days and the matter is remitted to the Civil Court, Kings County (Sidney Goodheartz, J.H.O.) to report, following a reconstruction hearing, whether the missing portion of the trial testimony can be reconstructed, and, if so, to submit the reconstructed record (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]; Cassella v Manikas, 8 AD2d 587 [1959]). The Civil Court shall file its report and/or record with all convenient speed.