| Hillside Owner, LLC, et al. v Udoh, Charles, et al. |
| Motion No: 570708/07 |
| Slip Opinion No: 2010 NY Slip Op 61402(U) |
| Decided on January 20, 2010 |
| Appellate Term, First 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. |
January 20, 2010
Hillside Owner, LLC, et al. v Udoh, Charles, et al.
It is Ordered that the motion to stay the re-letting of the premises pending the determination of an appeal of the November 30, 2009 order is denied. No appeal lies from an order that was granted upon the default of the aggrieved party ( see CPLR § 5511 ). In addition, the Court notes that no use and occupancy had been tendered to the landlord by the appellants since July 2008.
By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.
Motion No. 570708/07