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Maxwell Devs., L.P. v. McClain

Supreme Court, Appellate Term, First Department
Mar 29, 2012
2012 N.Y. Slip Op. 68768 (N.Y. App. Term 2012)

Opinion

Motion No: 570264/12

03-29-2012

Maxwell Devs., L.P. v. McClain, Kenneth


It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects his appeal by no later than the September 2012 term - the filing deadline is July 10, 2012 and 2- pays to the landlord accruing use and occupancy on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice for an order vacating the stay. Tenant-appellant may proceed on the original record. It is further Ordered that landlord-respondent's cross-motion to dismiss the appeal is denied without prejudice to landlord-respondent raising its argument regarding the timeliness of the notice of appeal in its respondent's brief.

By: , J.P., Schoenfeld, Shulman., J.J.


Summaries of

Maxwell Devs., L.P. v. McClain

Supreme Court, Appellate Term, First Department
Mar 29, 2012
2012 N.Y. Slip Op. 68768 (N.Y. App. Term 2012)
Case details for

Maxwell Devs., L.P. v. McClain

Case Details

Full title:Maxwell Devs., L.P. v. McClain, Kenneth

Court:Supreme Court, Appellate Term, First Department

Date published: Mar 29, 2012

Citations

2012 N.Y. Slip Op. 68768 (N.Y. App. Term 2012)