| 1302 Newkirk, LLC v Sharon Garcia & Aisha Olivera |
| Motion No: 2017-00380 KC |
| Slip Opinion No: 2017 NY Slip Op 75020(U) |
| Decided on May 16, 2017 |
| 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
| 1302 Newkirk, LLC, Respondent, v Sharon Garcia and Aisha Olivera, Respondents. Julius Nemcow, Nonparty-Appellant. |
Motion by nonparty-appellant Julius Nemcow for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 14, 2017, and, in effect, for summary reversal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that appellant is granted a stay on condition that the appeal be perfected on or before August 4, 2017. Nonparty-appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously paid by nonparty-appellant as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; 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.
ENTER:
Paul Kenny
Chief Clerk