75-76 Third Ave. Assets I LLC v Greenberg, Jordan



75-76 Third Ave. Assets I LLC v Greenberg, Jordan
Motion No: 570859/18
Slip Opinion No: 2019 NY Slip Op 62020(U)
Decided on January 31, 2019
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.



January 31, 2019

75-76 Third Ave. Assets I LLC v Greenberg, Jordan

It is Ordered that respondent-appellant's motion seeking to enlarge the time to perfect the appeal and to continue the stay of this Court's order dated October 18, 2018 is granted, on condition that respondent-appellant: 1) perfects his appeal by no later than the May 2019 term - the filing deadline for which is March 5, 2019 and 2) continues to pay landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order dismissing the appeal.

By: Shulman, P.J., Cooper, Edmead, J.J.

Motion No. 570859/18