| 1373 First Ave Assoc. Inc. v 1373 1st Café Inc. |
| Motion No: 570767/17 |
| Slip Opinion No: 2018 NY Slip Op 66094(U) |
| Decided on February 6, 2018 |
| Appellate Term, 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. |
February 6, 2018
1373 First Ave Assoc. Inc. v 1373 1st Café Inc.
It is Ordered that the petitioner-respondent's motion is granted to the extent of vacating the stay of execution of the final judgment and the warrant of eviction. That portion of the motion which seeks to dismiss the appeal is denied. Pursuant to the Appellate Term Order dated December 21, 2017, respondent-appellant shall perfect its appeal by no later than the April 2018 term - the filing deadline for which is February 6, 2018. In the event of respondent-appellant's failure to comply with the foregoing condition, landlord-respondent may move on five days notice for an order dismissing the appeal.
By: Shulman, P.J., Ling-Cohan, Cooper, J.J.
Motion No. 570767/17