David Nisim v Christopher Ramirez, Etc., Et Al.
Motion No: 2019-00492 QC
Slip Opinion No: 2019 NY Slip Op 75068(U)
Decided on July 2, 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

2019-492 Q C
David Nisim, Respondent, v Christopher Ramirez, etc., et al., Appellants.

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated December 6, 2018, to vacate a stay granted by amended decision and order on motion of this court dated April 25, 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 on condition that appellants perfect the appeal by September 6, 2019 and continue to pay respondent use and occupancy at the rate of $319 per month as it becomes due; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk