Opinion
Motion No. 2021-00177 Motion No. 2021-00435
04-06-2021
Marie France Realty Corp., Petitioner-Landlord-Respondent, v. 325 East 14th Street Corp., 325 East 14th Street Basement Restaurant, New York, New York, Respondent-Tenant-Appellant, ABC Corp. and XYZ, LLC, etc., Respondent-Undertenants.
Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Jeffrey K. Oing Tanya R. Kennedy, Justices. Index No. 570693/2019
Case No. 2020-03427
Respondent-tenant-appellant having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about May 4 2020 (M-2021-00177),
And petitioner-landlord-respondent having cross moved to vacate the conditional stay of enforcement of the final judgment and warrant of eviction granted by order of the Appellate Term, First Department, entered on or about November 13, 2019 (M-2021-00435),
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 for leave to appeal to this Court (M-2021-00177) is denied, and
It is further ordered that the cross motion (M-2021-00435) is denied, without prejudice to petitioner-landlord-respondent seeking relief before the Appellate Term, First Department, should the stay still be in effect. ENTERED: April 06, 2021
/s/
Susanna Molina Rojas
Clerk of the Court