APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| SAMUEL BENZEV, Appellant, -against- PETINA MOVING and STORAGE INC., Respondent. |
DECISION
Motion by plaintiff-appellant for reargument or, in the alternative, for leave to appeal to the Appellate Division is denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| GENERAL ELECTRIC CAPITAL AUTO LEASE, INC., F/K/A GENERAL ELECTRIC CREDIT AUTO LEASE, INC., Respondent, -against- JOSEPH M. D'AGNESE, Appellant. ------------------------------------------------------------------------------------------- JOSEPH M. D'AGNESE, Defendant and Third Party Plaintiff-Appellant, -against- VINNIE ESPOSITO, NEW ROCHELLE JEEP EAGLE, INC., CHRYSLER CORPORATION, Third-Party Defendants-Respondents. |
DECISION
That branch of the motion by defendant-appellant Joseph D'Agnese seeking to dismiss cross-appellant Chrysler Corporation's cross-appeal is granted.
Those branches of the motion seeking other relief denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ANTONIO STAMOS, Appellant, -against- MING LAU, Respondent. |
DECISION
Motion by plaintiff-appellant to reargue the prior order of this court dated February 16, 2005 is granted and upon reargument plaintiff's motion for poor person relief is denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| LESLIE GOFFE, Respondent, -against- JASON GOFFE, Appellant. |
DECISION
Motion by landlord-respondent to vacate the stay contained in order of this court dated January 25, 2005 is denied as moot.
The stay was automatically vacated on April 1, 2005.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| TATIANA COOGAN and RE/MAX-WEST REALTY, INC., Appellants, -against- FREDERICK CARLTON, EMILY VARGA Respondents. |
DECISION
Motion by plaintiffs-appellants, in essence, to withdraw the appeal is denied as moot.
The appeal has already been dismissed.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| JOSE RIVERA, Respondent, -against- JUAN MOLINA, Appellant. |
DECISION
On the court's own motion, the order of this court dated March 7, 2005 is amended so as to provide, "Motion by plaintiff-respondent to dismiss the appeal is denied, on condition that defendant-appellant files a notice of appeal with the court below within 30 days of the date of the order hereon (see CPLR 5520 [a]), otherwise, motion granted and appeal dismissed."
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| PINECREST ASSOCIATES, Respondent, -against- NORMA MAXWELL, Appellant. |
DECISION
That branch of the motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by July 1, 2005; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as tenant's share of the 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 tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.
That branch of the motion for poor person relief is granted.