Opinion
M-3828 M-3703
08-16-2018
The City of New York, Plaintiff-Appellant, v. FC 42nd Street Associates, L.P., Defendant-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 2, 2018, And plaintiff-appellant the City of New York having moved, pursuant to CPLR 5519(a)(1), for an order confirming the automatic stay of enforcement of the aforesaid order, compelling arbitration, pending hearing and determination of the appeal or, in the alternative, for a discretionary stay of the order pursuant to CPLR 5519(c)[M-3703], And defendant-respondent FC 42nd Street Associates, L.P. having cross-moved for an order: vacating the automatic stay provided under CPLR 5519(a)(1); directing that if the City is granted a stay, FC's obligation to pay rent based on the City's determination, pending a final determination of the Fair Market Value by the arbitrators, shall be delayed for an amount of time equal to the length of the stay (but not to exceed the date the Artitrator's decision is issued); and directing the appeal be perfected, briefed and heard forthwith, Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion is granted, and the stay of enforcement of the order, pursuant to CPLR 5519(a)(1), is confirmed. The cross motion to vacate the stay is denied, the foregoing conditioned on the City's agreement that FC shall continue to pay Base Rent pending hearing and determination of the appeal and thereafter, as set forth in City's reply affirmation at paragraphs 9 and 15. The City is directed to perfect the appeal on or before August 17, 2018 for the November 2018 Term.
ENTERED: August 16, 2018
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices
Index No. 451648/17