BGR Realty LLC v L & T Index No. 38035/18 Michael Stein

Motion No: M-1952

Slip Opinion No: 2020 NYSlipOp 68916(U)

Decided on July 23, 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 23, 2020

BGR Realty, LLC,

Petitioner-Landlord-Respondent,

v

L & T Index No. 38035/18

Michael Stein,

Respondent-Tenant-Appellant,

Martin Stein,

Respondent-Tenant,

John Doe and Jane Doe,

Respondents-Undertenants.

Respondent-tenant-appellant, Michael Stein, 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 January 6, 2020, and for a stay of all Civil Court, Housing Part proceedings and execution of the warrant of eviction pending hearing and determination of the appeal,And an interim stay of all Civil Court, Housing Part proceedings proceedings and execution of the warrant of eviction, pending hearing and determination of the motion, having been granted by order of a Justice of this Court dated May 20, 2020, 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, andIt is further ordered that the branch of the motion seeking a stay of all Civil Court, Housing Part proceedings and execution of the warrant of eviction, pending hearing and determination of the appeal, is granted on condition that respondent-tenant continues to pay monthly use and occupancy in the amount of $1,875 by the 10th of each month, as previously agreed. ENTERED: July 23, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli,Justices

M-1952

Index No. 570234/19