| Bldg 89-41 164th St., LLC v JCM Invs., LLC |
| Motion No: 2025-00136 QC |
| Slip Opinion No: 2025 NY Slip Op 77380(U) |
| Decided on September 4, 2025 |
| 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
MARINA CORA MUNDY, J.P.
WAVNY TOUSSAINT
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| BLDG 89-41 164th Street, LLC, Respondent, v JCM Investments, LLC, Appellant, XYZ Corp., 123, Inc., "John Doe" and "Jane Doe", Undertenants. |
Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated December 31, 2024 and on appeals from two final judgments, each entered January 13, 2025, for a stay (see CPLR 5519 [c]) of the final judgments pending the determination of the appeals, or, in the alternative, to fix an undertaking to obtain an automatic stay (see CPLR 5519 [a]). Separate motion by appellant to consolidate the appeals. Cross-motion by respondent to condition any continued stay upon the filing of an undertaking and ongoing use and occupancy payments.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the decision dated December 31, 2024 is dismissed, as no appeal lies from a decision (see CCA 1702); and it is further,
ORDERED that tenant's motion to consolidate the appeals is denied as moot; and it is further,
ORDERED that tenant's motion for a stay pursuant to CPLR 5519 (c) and respondent's cross-motion are granted as follows: within 10 days of this decision and order appellant shall pay all arrears in use and occupancy through September 2025 at a monthly rate of $1,293.37, and file proof of such payment with this court. Appellant is further directed to pay ongoing use and occupancy to respondent on a monthly basis at a monthly rate of $1,293.37 as it becomes due, and to file proof of each payment with this court; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move, on three days' notice, to vacate the stay, and may, if appellant is unrepresented, serve such motion upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk