| 7404 Fifth Ave., LLC v Mohammed Bounjoua |
| Motion No: 2016-02148 KC |
| Slip Opinion No: 2016 NY Slip Op 86887(U) |
| Decided on September 22, 2016 |
| 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 7404 Fifth Avenue, LLC, Respondent, v Mohammed Bounjoua, Appellant, et al., Undertenants. |
Motion by appellant to be restored to possession pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 29, 2016, and to stay enforcement of a money judgment of the same court entered July 12, 2016 pending the determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the branch of the motion seeking to be restored to possession is denied; and it is further;
ORDERED that the branch of the motion seeking to stay enforcement of the money judgment is granted on condition that appellant perfect the appeal on or before December 2, 2016; and it is further,
ORDERED that in the event that the above condition is 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