Opinion
2021-71654
09-16-2021
1304 Madison LLC, Plaintiff-Respondent, v. Rodney B. Alberts, Jill V. Alberts, Defendants-Appellants, 24-26 East 93 Apartments Corp., Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Anil C. Singh, Justice Presiding, Lizbeth González Tanya R. Kennedy Saliann Scarpulla Martin Shulman, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 14, 2021,
And defendants-appellants having moved for a stay and/or preliminary injunction preventing enforcement of the aforesaid order, including but not limited to staying their time to vacate the roof terrace and enjoining plaintiff from taking any steps to place itself in possession thereof, pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted on the condition that the appeal is perfected for the January 2022 Term of this Court. Plaintiff-Respondent shall be granted access to the roof to conduct inspections and perform repairs as needed.