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

Motion No: M-1148

Slip Opinion No: 2019 NYSlipOp 67462(U)

Decided on April 9, 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.

April 9, 2019

Michelle Nappi,

Plaintiff-Appellant,

v

Community Access, Inc., and Eight

Cooper Equities, LLC,

Defendants-Respondents.

Appeals having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about July 25, 2018, which granted defendants' cross motions to dismiss the complaint, and from an order of the same court, entered on or about July 3, 2018, which denied plaintiff's motion to stay a housing court proceeding and to enjoin her eviction, And an order of this Court having been entered on January 11, 2019 (M-6353), inter alia, enjoining defendant-respondent Eight Cooper Equities, LLC from evicting plaintiff on condition that she pay use and occupancy, as indicated,And a decision and order of this Court having been entered on February 19, 2019 (Appeal Nos. 8439-8439A) modifying the aforementioned order and judgment (one paper) of the Supreme Court, New York County, entered on or about July 25, 2018, to declare that plaintiff does not have individual rights to the subject apartment, and dismissing the appeal from the order of the same court, entered on or about July 3, 2018, as subsumed in the appeal from the judgment,And plaintiff-appellant having moved, by duplicate motions, to continue the stay of eviction, as granted by the order of this Court entered January 11, 2019 (M-6353), pending applications to

reargue the order of this Court entered on February 19, 2019

(Appeal Nos. 8439-8439A) or for permission to appeal to the Court of Appeals, or until March 19, 2019, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are denied. ENTERED: April 9, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Ellen Gesmer Jeffrey K. Oing,Justices

M-1148

M-1203

Index No. 150610/18