Booston LLC v 35 West Realty Co. LLC .

Motion No: M-8409

Slip Opinion No: 2019 NYSlipOp 86407(U)

Decided on December 19, 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.

December 19, 2019

Booston LLC,

Plaintiff-Appellant,

v

35 West Realty Co., LLC,

Defendant-Respondent.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 12, 2019,And an order of this Court having been entered on October 31, 2019 (M-7394), continuing, pending hearing and determination of the appeal, the interim stay enjoining any lease termination or eviction, granted by the order of a Justice of this Court, dated September 19, 2019, upon the same terms and conditions set forth therein, and on the additional conditions that plaintiff-appellant maintains the existing $1 million bond and perfects the appeal for the March 2020 Term, And plaintiff-appellant having moved for an order clarifying this Court's order entered October 31, 2019, and amending said order to strike any requirement of an appeal bond (M-8258), And defendant-respondent having cross moved for an order modifying this Court's order entered October 31, 2019, to direct plaintiff-appellant to post the $1 million bond within seven days from the date of the order deciding the instant motion (M-8409), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that plaintiff-appellant's motion (M-8258) for an order clarifying this Court's order entered October 31, 2019, and amending said order to strike any requirement of an appeal bond, is denied, And it is further ordered that the cross motion (M-8409) is granted to the extent that plaintiff-appellant is directed to post the $1 million bond within ten (10) working days of the date of entry of this order. ENTERED: December 19, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Ellen Gesmer Peter H. Moulton, Justices

M-8409

M-8258

Index No. 654308/19