CJK Realty LLC v McGrath, Hana

Motion No: 570046/18

Slip Opinion No: 2018 NY Slip Op 68116(U)

Decided on March 27, 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.

March 27, 2018

CJK Realty LLC v McGrath, Hana

It is Ordered that motion & cross motion are consolidated for disposition.

It is further Ordered that respondent-appellant's motion seeking to enlarge time to perfect appeal is granted on condition that respondent-appellant: 1) perfect appeal by June 2018 term - filing deadline for which is Apr. 10, 2018; and 2) continue to pay landlord accruing use and occupancy, pursuant to Civil Court order (Lau, J.), dated March 16, 2017, in the amount of $1,831.28, on or before each subsequent rental due date, without prejudice

It is also further Ordered that petitioner-respondent's cross motion seeking to vacate the stay of the enforcement of the final judgment and warrant of eviction and various other relief is denied. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-landlord may move on five days notice for an order vacating the stay.

By: Shulman, P.J., Ling-Cohan, Cooper, J.J.

Motion No. 570046/18