| Brighton Leasing Corp. v Brighton Realty Corp. |
| Motion No: 2020-00762 |
| Slip Opinion No: 2020 NY Slip Op 64750(U) |
| Decided on March 11, 2020 |
| Appellate Division, 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 Division: Second Judicial Department
M270257
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
LINDA CHRISTOPHER, JJ.
|
2020-00762, 2020-01785 Brighton Leasing Corp., respondent, v Brighton Realty Corp., appellant. (Index No. 519057/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Kings County, dated December 26, 2019, and February 13, 2020, respectively, and to direct the parties to continue to abide by the terms of an escrow agreement dated January 23, 2019, pending hearing and determination of appeals from the orders.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the orders dated December 26, 2019, and February 13, 2020, is stayed and the parties are directed to continue to abide by the terms of the escrow agreement dated January 23, 2019, pending hearing and determination of the appeals, on condition that the appellant perfect the appeals on or before April 13, 2020, and pay monthly use and occupancy for the subject premises, in a sum fixed by the Supreme Court, Kings County; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Kings County, to fix the amount of monthly use and occupancy for the subject premises in accordance herewith; the appellant shall pay to the respondent monthly use and occupancy, in the amount fixed by the Supreme Court, Kings County, on or before the first of each month following service upon the appellant's counsel of a copy of the order of the Supreme Court, Kings County, fixing the amount thereof; and it is further,
ORDERED that in the event the appeals are not perfected on or before April 13, 2020, or the appellant fails to pay use and occupancy, in a sum fixed by the Supreme Court, Kings County, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., AUSTIN, LEVENTHAL and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court