| Sp Prop. 232 Ct., LLC v Ideal Props. Group, LLC |
| Motion No: 2017-01294 KC |
| Slip Opinion No: 2017 NY Slip Op 82974(U) |
| Decided on August 11, 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| SP Property 232 Court, LLC, Respondent, v Ideal Properties Group, LLC, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated May 31, 2017, and a final judgment of the same court entered June 6, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is from the decision is dismissed, as no appeal lies therefrom (see CCA 1702); and it is further,
ORDERED that appellant's motion for a stay is granted on condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $75,000, and pay respondent use and occupancy at the rate of $5,000 per month as the same becomes due commencing with the month of August 2017, and upon the further condition that the appeal be perfected by November 3, 2017. Appellant shall file with this court proof of deposit within one business day after making such deposit; 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