APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MEHRDAD KAHEN & JOSEPH KAHEN, Respondents, against- TYRONE WOUTERSZ, SISISL VIRANTHA KULATUNGA DON JOSEPH KULATUNGA & KS VIDEO STORE, GINA'S HAIR SALON, JOHN DOE , Defendants, -and- ROSEMARY TORIOLA d/b/a CHIKOLY'S AFRICANA s/h/a JANE DOE, Appellant. |
DECISION
Motion by defendant-appellant Rosemary Toriola to strike plaintiffs-respondents' brief dismissed as moot.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| EVERETT D. JENNINGS APTS L.P., Respondent, -against- NEWTON HINDS and NIKKI HINDS, Appellants. |
DECISION
Motion by landlord-respondent to vacate the stay is granted.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| EVERETT D. JENNINGS APTS L.P., Respondent, -against- NEWTON HINDS and NIKKI HINDS, Appellants. |
DECISION
On the court's own motion, motion by landlord-respondent, returnable January 18, 2005, and motion by tenants-appellants, returnable February 16, 2005, are hereby consolidated for purposes of disposition.
Motion by landlord-respondent to vacate the stay is denied.
Motion by tenants-appellants to continue stay contained in the order of June 1, 2004, and thereafter extended is granted on condition that the appeal is perfected by May 6, 2005; otherwise stay vacated. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy from December 1, 2004 at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenants to make a required payment, landlord may move upon 3 days' notice to vacate the stay.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| DORIS LANDSBERG and HARRY LANDSBERG, Appellants, -against- TGI FRIDAYS, INC., Respondent, -and- "JOHN DOE", Defendant. |
DECISION
That branch of the motion by defendant-respondent seeking to dismiss appeal for failure to prosecute is granted.
That branch of the motion seeking costs denied.