Sheridan One Co. LLC v Labrew, Lawrence



Sheridan One Co. LLC v Labrew, Lawrence
Motion No: 570135/14
Slip Opinion No: 2014 NY Slip Op 93012(U)
Decided on December 16, 2014
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.



December 16, 2014

Sheridan One Co. LLC v Labrew, Lawrence

It is Ordered that landlord-respondent's motion to vacate the stay and dismiss the appeal is granted, unless tenant-appellant 1- perfects his appeal by no later than the April 2015 term - the filing deadline is February 10, 2015,and 2- pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. No further enlargements of time shall be granted. It is noted that any applications that seek the release of funds deposited with the trial court should be made in the Civil Court of the City of New York, Bronx County. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.

By: Schoenfeld J.P., Shulman, Hunter, Jr., J.J.

Motion No. 570135/14