936 Second Avenue L.P. v Wilson Evans 50th LLC

Motion No: M-1696

Slip Opinion No: 2018 NYSlipOp 72354(U)

Decided on May 15, 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.

May 15, 2018

936 Second Avenue L.P.,

Plaintiff-Appellant,

v

Wilson Evans 50th LLC,

Defendant-Respondent.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about January 12, 2018, And plaintiff-appellant having moved, pursuant to CPLR 5519(c), for a stay of the order and judgment pending hearing and determination of the aforesaid appeal; and pursuant to CPLR 5704, to toll the unexpired time on the notice to cure with respect to rent payments, as to which Supreme Court declined to sign an order to show cause on March 26, 2018,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, the order and judgment are stayed pending hearing and determination of the appeal, and the unexpired time on the notice to cure is tolled, such relief granted on condition plaintiff-appellant complies with the stipulated interim agreement of the parties, and on

further condition plaintiff-appellant perfects the appeal for the September 2018 Term. ENTERED: May 15, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Peter Tom Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern,Justices

M-1696

Index No. 656401/16