Noah Trading Co., Inc. v Bell, Laura



Noah Trading Co., Inc. v Bell, Laura
Motion No: 570399/16
Slip Opinion No: 2016 NY Slip Op 82886(U)
Decided on August 18, 2016
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.



August 18, 2016

Noah Trading Co., Inc. v Bell, Laura

It is Ordered that the motion and cross-motion are consolidated for disposition.

It is further Ordered that the motion of the petitioner-respondent for an order vacating this court's interim stay is denied.

It is further Ordered that the motion of the respondent-appellant for an enlargement of time to perfect her appeal is granted on condition that respondent-appellant: (1) perfects her appeal by no later than the December 2016 term the filing deadline for which is October 11, 2016; and (2) continues to pay petitioner-landlord accruing use and occupancy in the amount of $6,500 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570399/16