| Classon Vil., L.P. v Vernessa Lewis |
| Motion No: 2013-01387 kc |
| Slip Opinion No: 2013 NY Slip Op 93366(U) |
| Decided on November 22, 2013 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Classon Village, L.P., Respondent, v Vernessa Lewis, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 26, 2013, to vacate a stay granted by decision and order of this court dated August 6, 2013. Cross motion by appellant, in effect, to continue the stay.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's cross motion is granted on condition that appellant pay to respondent the sum of $15,113.62 plus August through November 2013 rent and/or use and occupancy within 10 days of the date of this decision and order and continue to pay respondent rent and/or use and occupancy at the rate previously payable as rent as it becomes due; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk