| Plaza Residences, L.P. v Latrice Prince |
| Motion No: 2017-00148 KC |
| Slip Opinion No: 2017 NY Slip Op 77628(U) |
| Decided on June 15, 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
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Plaza Residences, L.P., Respondent, v Latrice Prince, Appellant, et al., Undertenant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 25, 2016, to vacate a stay granted by decision and order on motion of this court dated March 16, 2017. Cross motion by appellant for sanctions and, in effect, for summary reversal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is denied on condition that the appeal be perfected on or before August 4, 2017 and appellant pay to respondent any and all arrears from April 1, 2017 at the rate of $321 per month, without any allowances for a credit, within 10 days from the date of this decision and order on motion and continue to pay respondent use and occupancy at the same 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; and it is further,
ORDERED that appellant's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk