APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| EVERETT D. JENNINGS APTS L.P., Respondent, -against- NEWTON HINDS and NIKKI HINDS, Appellants. |
DECISION
Motion by tenants-appellants to reinstate and continue stay contained in the order of June 1, 2004 and thereafter extended is granted on condition that the appeal is perfected by August 5, 2005; otherwise stay vacated. Tenants are directed to pay to landlord any and all arrears in rent and/or use and occupancy not deposited with the court below 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
| CARROLL STREET PROPERTIES, Appellant, -against- JOHN PUENTE and KESHON PUENTE, Respondent. |
DECISION
Motion by tenants-respondents to dismiss appeal as moot granted.
The parties' execution of a renewal lease on September 8, 2004, which lease did not expressly preserve landlord's rights in this litigation, vitiated landlord's notice of termination dated January 28, 2004 and mooted landlord's appeal (Kew Gardens Assoc. v Camacho, 3 Misc 3d 135[A], 2004 NY Slip Op 50473[U] [App Term, 2d & 11th Jud Dists]; River Rd. Assoc. v Orenstein, NYLJ, Dec. 14, 1992 [App Term, 9th & 10th Jud Dists]; Blecher v Pachay, NYLJ, May 14, 1991 [App Term, 2d & 11th Jud Dists]; Ambassador Realty Co. v Wachtel, 139 Misc 2d 965 [1988]; see also Third FGP, Inc. v Babalola, NYLJ, Nov. 10, 1992 [App Term, 2d & 11th Jud Dists]; but see Habitat II Co. v Soffer, NYLJ, June 26, 2000 [App Term, 1st Dept]; Kibel v Davan Enters., NYLJ, Oct. 31, 1991 [App Term, 1st Dept]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| LINDEN PLAZA ASSOCIATES, Respondent, -against- WILLIAM EXUM, Appellant. |
Decision
Motion by tenant-appellant to be restored to possession of the premises pending determination of the appeal is granted and the stay contained in the order of March 1, 2005 and subsequently extended by an order dated April 22, 2005, is continued on condition that tenant perfects the appeal by September 2, 2005; otherwise stay is vacated without further order of this court. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 1397 EAST 2ND LLC., Respondent, -against- MICHELLE JACKSON, Defendant, -and- JOHN CERIO, Appellant. |
DECISION
On this court's own motion, the order of this court dated May 12, 2005 is recalled and vacated and the following substituted therefor:
Ordered that appeals 2005-77 and 2005-439 are hereby consolidated under appeal 2005-77.