han Goldwater v Amicus Associates Limited Partnership

Motion No: M-40

Slip Opinion No: 2018 NYSlipOp 66010(U)

Decided on March 6, 2018

Appellate Division, 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.

March 6, 2018

Ethan Goldwater,

Plaintiff-Appellant,

v

Amicus Associates Limited Partnership,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about December 8, 2017,And plaintiff-appellant having moved, pursuant to CPLR 5519(c), for a stay of execution of the order on appeal pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of continuing the interim stay granted by the order of a Justice of this Court, dated January 5, 2018. However, that portion of the order on appeal directing plaintiff's counsel to release escrowed funds to defendant for use and occupancy is not subject to this stay, and plaintiff-appellant is further directed to continue paying use and occupancy until further order of this Court, and upon further condition the appeal is perfected for the September 2018 Term. ENTERED: March 6, 2018

_____________________ CLERK

Present - Hon. Peter Tom,Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing,Justices

M-40

Index No. 160002/15