| Chick-teri Corp. v Ti Fai Cha |
| Motion No: 2007-00136 QC 02-27-2008 |
| Slip Opinion No: 2008 NYSlipOp 68718(U) |
| Decided on April 4, 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
| CHICK-TERI CORP., Respondent, -against- TI FAI CHA, Respondent, -and- JING KUI ZHONG,, Appellant, -and- "JOHN DOE" AND "JANE DOE" Undertenants. |
DECISION
On the court's own motion, motion by appellant to reinstate and continue the stay contained in the order of this court dated March 8, 2007, is held in abeyance for 30 days and the matter is remitted to the Civil Court, Queens County (Gilbert Badillo, J.) to report, following a reconstruction hearing, whether the missing portions 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 with all convenient speed.
Cross motion by landlord-respondent to dismiss the appeal is denied.