| New Whitehall Apts. LLC v S.A.V. Assoc. Inc. |
| Motion No: 570644/16 |
| Slip Opinion No: 2016 NY Slip Op 95629(U) |
| Decided on December 29, 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. |
December 29, 2016
New Whitehall Apts. LLC v S.A.V. Assoc. Inc.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the petitioner-respondent's cross-motion is denied.
It is further Ordered that the respondent-appellant's motion seeking an enlargement of time to perfect its appeal is granted on condition that respondent-appellant: (1) perfect its appeal by the April 2017 term the filing deadline for which is February 8, 2017; and (2) continues to pay the petitioner-respondent accruing use and occupancy in the amount of $15,000.00 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-respondent may move, on five days notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570644/16