JMW 75 LLC v Gebs, Claude & Galland, Violain

Motion No: 570071/17

Slip Opinion No: 2017 NY Slip Op 65295(U)

Decided on February 23, 2017

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.

February 23, 2017

JMW 75 LLC v Gebs, Claude & Galland, Violain

It is Ordered that motion & cross motion are consolidated for disposition.

It is further Ordered that tenants-respondents' motion which seeks to dismiss appeal is denied.

It is also further Ordered that landlord-appellant's cross-motion is granted and the notice of appeal, which was timely served, is deemed timely filed pursuant to CPLR 5520(a). The landlord-appellant shall perfect its appeal by no later than the September 2017 term - the filing deadline for which is July 12, 2017. In the event of landlord-appellant's failure to comply with the foregoing condition, tenants-respondents may move, on five days notice, for an order dismissing the appeal.

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

Motion No. 570071/17