| East Midtown Plaza Hous. Co., Inc. v Capozzi, Rita |
| Motion No: 570819/25 |
| Slip Opinion No: 2025 NY Slip Op 73553(U) |
| Decided on July 29, 2025 |
| Appellate Term, 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 29, 2025
East Midtown Plaza Hous. Co., Inc. v Capozzi, Rita
It is Ordered that the motion of the respondent-appellant seeking an order staying the enforcement of the final judgment and warrant of eviction pending her appeal is granted on the condition that the respondent-appellant: (1) perfects her appeal on or before the December 2025 term, the filing deadline for which is October 9, 2025. Respondent's briefs are to be filed on or before October 31, 2025. Reply briefs, if any, are due on November 7, 2025; (2) continue to pay petitioner-respondent ongoing shareholder maintenance in the amount set forth in the most recent lease agreement between the parties, on or before each subsequent maintenance due date, without prejudice. Petitioner-respondent acknowledges that the respondent-appellant has already tendered a cashier's check in the amount of $20,428.26, representing the judgment amount entered by the court on June 23, 2025 and accepts such monies, without prejudice.
In the event the respondent-appellant fails to comply with the foregoing conditions, the petitioner-respondent may move, on five days notice, for an order vacating the stay.
By: Hagler, P.J., Tisch, Perez, J.J.
Motion No. 570819/25