Medical Building Associates Inc. v Abner Properties Company

Motion No: M-2148

Slip Opinion No: 2019 NYSlipOp 71760(U)

Decided on June 4, 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.

June 4, 2019

Medical Building Associates, Inc.,

Plaintiff-Appellant,

v

Abner Properties Company,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 16, 2019, And plaintiff-appellant having moved for a stay of the aforesaid order pending hearing and determination of the appeal taken therefrom, 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 on condition plaintiff-appellant continues to pay use and occupancy at the rate of base rent, and any additional rent starting on June 1, 2019 and continuing to do so monthly, pending hearing and determination of the appeal. Plaintiff is directed to depose defendant's witness within 60 days of the date of entry hereof. ENTERED: June 4, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern,Justices

M-2148

Index No. 105724/11