| 561 W. 163rd St. Realty Corp. v Downtown Complete Constr. Corp. |
| Motion No: 2019-00085 KC |
| Slip Opinion No: 2019 NY Slip Op 86710(U) |
| Decided on December 11, 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. |
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
| 561 West 163rd Street Realty Corporation, Respondent, v Downtown Complete Construction Corp., Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 20, 2018, to vacate a stay granted by decision and order on motion of this court dated May 30, 2019 and extended by decision and order on motion of this court dated September 20, 2019, and for an award of attorney's fees.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that appellant deposit into respondent's attorney's escrow account $21,273.10, representing all use and occupancy due through December 2019 within 10 days of this decision and order on motion and continue to pay into respondent's attorney's escrow account use and occupancy at the rate of $4,254.62 as it becomes due; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person; and it is further,
ORDERED that the branch of the motion seeking an award of attorney's fees is denied.
ENTER:
Paul Kenny
Chief Clerk