601 West Realty LLC v Mao Chu Zheng doing business as Brothers Fish Market etc.

Motion No: M-3274

Slip Opinion No: 2018 NYSlipOp 83949(U)

Decided on September 20, 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.

September 20, 2018

601 West Realty, LLC,

Petitioner-Landlord-Respondent,

v

Mao Chu Zheng, doing business as,

Brothers Fish Market, etc.,

Respondent-Tenant-Appellant,

"XYZ Corp., "John Doe," and "Jane Doe,"

Respondents-Undertenants.

An order of this Court having been entered on September 19, 2017 (M-2976), granting respondent-tenant-appellant leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about February 28, 2017, and granting a stay of the warrant of eviction pending the determination of the appeal on condition that tenant continue to pay use and occupancy, such funds to be held in escrow by petitioner-landlord-respondent's attorney, And petitioner-landlord-respondent having moved for an order dismissing the aforesaid appeal for failure to prosecute, vacating all stays of enforcement of the final judgment of possession and all stays of issuance and/or execution of the warrant of eviction, and directing the release to petitioner of all use and occupancy monies currently being held in escrow by petitioner's attorneys, 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 appeal is dismissed, the stay of the warrant of eviction and all other stays are vacated, and any use and occupancy payments being held in escrow by petitioner's attorney, pursuant to the prior order of this Court entered September 19, 2017 (M-2976), are to be released to petitioner forthwith. ENTERED: September 20, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3274

Index No. 570688/16