Prospect Park Mgt., LLC v Latonya Williams
Motion No: 2019-00018 KC
Slip Opinion No: 2019 NY Slip Op 68375(U)
Decided on April 9, 2019
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2019-18 K C
Prospect Park Management, LLC, Respondent, v Latonya Williams, Appellant, et al., Undertenants.

Motion by respondent on an appeal from an amended decision of the Civil Court of the City of New York, Kings County, dated October 9, 2018, to vacate a stay granted by decision and order on motion of this court dated March 11, 2019.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

Payment of the sum of $18,860.68 was not a condition of the stay granted by decision and order on motion of this court dated March 11, 2019, and respondent was not within its rights in rejecting appellant's tender of payments based on her failure to pay that sum.

ENTER:

Paul Kenny

Chief Clerk