Michelle Nappi v Community Access Inc. and Eight Cooper Equities LLC

Motion No: M-6353

Slip Opinion No: 2019 NYSlipOp 60862(U)

Decided on January 11, 2019

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.

January 11, 2019

Michelle Nappi,

Plaintiff-Appellant,

v

Community Access, Inc. And Eight

Cooper Equities, LLC,

Defendants-Respondents.

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 July 25, 2018, and said appeal having been perfected, And plaintiff-appellant having moved for a preliminary appellate injunction enjoining defendant-respondent Eight Cooper Equities, LLC from evicting plaintiff-appellant from the subject premises, pending hearing and determination of the aforesaid appeal, and for a calendar preference in hearing of the 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 maintaining the appeal on this Court's calendar for the January 2019 Term, with oral argument scheduled for January 23, 2019.

The stay pending hearing and determination of the appeal is granted on condition plaintiff-appellant pays use and occupancy in the amount of $995 per month commencing January 2019.ENTERED: January 11, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Marcy L. Kahn Anil C. Singh, Justices

M-6353

Index No. 150610/18