| 125 Ct. St., LLC v Nancy Sher |
| Motion No: 2015-02505 KC |
| Slip Opinion No: 2017 NY Slip Op 85015(U) |
| Decided on August 22, 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
| 125 Court Street, LLC, Respondent-Appellant, v Nancy Sher, Appellant-Respondent. |
Motion by respondent-appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered August 28, 2015, to vacate a stay granted by decision and order on motion of this court dated January 12, 2016, and extended by decisions and orders on motions of this court dated April 28, 2016 and November 9, 2016, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that appellant-respondent pay respondent-appellant any and all arrears in rent and/or use and occupancy at the rate of $3,700 per month within 20 days from the date of this decision and order on motion and continue to pay respondent-appellant use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent-appellant may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk