1646 Union, LLC v. Simpson

Full title: 1646 Union, LLC, Respondent, v. Walter Simpson, Appellant, et al.…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: May 25, 2016

2016 N.Y. Slip Op. 75268 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-02100 KC

05-25-2016

1646 Union, LLC, Respondent, v. Walter Simpson, Appellant, et al., Undertenants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to vacate a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016 and May 16, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on condition that appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 30 days from the date of this decision and order on motion and 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 in the event 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.

ENTER:

Paul Kenny

Chief Clerk