| 125 Ct. St., LLC v Nancy Sher |
| Motion No: 2015-02505 KC |
| Slip Opinion No: 2016 NY Slip Op 91591(U) |
| Decided on November 9, 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
| 125 Court Street, LLC, Respondent-Appellant, v Nancy Sher, Appellant-Respondent. |
Motion by appellant-respondent on an appeal and cross appeal from a final judgment of the Civil Court of the City of New York, Kings County, dated August 28, 2015, to continue a stay granted by decision and order on motion of this court dated January 12, 2016, and extended by decision and order on motion of this court dated April 28, 2016. Separate motion by respondent-appellant, in effect, for leave to reargue its prior cross motion to modify the terms of the stay, which prior cross motion was determined by decision and order of this court dated March 16, 2016, or for alternative relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that appellant-respondent's motion is granted on condition that appellant-respondent perfect the appeal by January 6, 2017 and continue to comply with the decision and order on motion of this court dated January 12, 2016; 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; and it is further,
ORDERED that respondent-appellant's motion is denied.
ENTER:
Paul Kenny
Chief Clerk