191 Realty Associates L.P. v L & T Index No. 64959/17 Ivan Tejeda and Josefina Tejeda

Motion No: M-1359

Slip Opinion No: 2020 NYSlipOp 68328(U)

Decided on July 9, 2020

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.

July 9, 2020

191 Realty Associates, L.P.,

Petitioner-Landlord-Respondent,

v

L & T Index No. 64959/17

Ivan Tejeda and Josefina Tejeda,

Respondents-Tenants-Appellants.

Respondents-tenants having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about November 22, 2019, and for a stay of all Civil Court, Housing Part proceedings pending hearing and determination of the appeal, And an interim stay of all Civil Court, Housing Part proceedings, pending hearing and determination of the motion,

having been granted by order of a Justice of this Court dated March 9, 2020, conditioned on respondents-tenants remitting to petitioner-landlord the sum of $5,000 on or before March 16, 2020 and an additional $20,000 if leave to appeal is granted, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking leave to appeal to this Court is granted. Appellants shall file a copy of the informational statement, pursuant to section 1250.3(a) of the Practice Rules of the Appellate Division, and a copy of this order, with the Clerk of the Appellate Term, with proof of service, pursuant to section 1250.14(f) of the Practice Rules of the Appellate Division, and It is further ordered that the branch of the motion seeking a stay of all Civil Court, Housing Part proceedings pending hearing and determination of the appeal is granted on condition

that respondents-tenants remit to the petitioner-respondent the sum of $20,000 within thirty (30) days of the entry of this order. ENTERED: July 9, 2020

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing, Justices

M-1359

Index No. 570227/19