Opinion
Motion No: 2014-01663 KC
09-11-2014
2800 Coyle Street Owners Corp., Respondent, v. Leonid Lautman, Appellant, et al., Undertenants.(ORIGINAL ORDER DATED SEPTEMBER 3, 2014)
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 30, 2014, to stay enforcement of a final judgment of the same court entered September 16, 2013, to stay the release of funds on deposit and order respondent to redeposit the funds released to it, and to stay an attorney's fees' hearing.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion seeking to stay enforcement of the final judgment and the attorney's fees' hearing are granted on condition that the appeal from the final judgment and from an order of the Civil Court entered October 31, 2013, denying appellant's motion to vacate the final judgment (appeal No. 2013-2438 K C) be perfected on or before October 3, 2014. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; 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 to vacate the stay on three days' notice; and it is further,
ORDERED that the remainder of the motion is denied.
ENTER:
Paul Kenny
Chief Clerk