Newport Gardens Assoc. v Janet Allen
Motion No: 2013-02093 KC
Slip Opinion No: 2014 NY Slip Op 80638(U)
Decided on August 4, 2014
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 of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2013-2093 K C
Newport Gardens Associates, Respondent, v Janet Allen, Appellant.

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, dated October 1, 2013, to vacate a stay granted by decision and order on motion of this court dated November 14, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that respondent's motion is denied on condition that appellant pay respondent all arrears in the tenant's share of the rent within 20 days of the date of this decision and order on motion and continue to pay respondent the tenant's share of the 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