561 W. 163rd St. Realty Corp. v. Downtown Complete Constr. Corp.

Full title: 561 West 163rd Street Realty Corporation, Respondent, v. Downtown Complete…

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

Date published: May 30, 2019

2019 N.Y. Slip Op. 71874 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00085 KC

05-30-2019

561 West 163rd Street Realty Corporation, Respondent, v. Downtown Complete Construction Corp., Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 20, 2018, to confirm that the execution of the warrant is stayed pending the determination of the appeal based on appellant's deposit of the amount of the monetary award in a final judgment of that court, or, in the alternative, for a discretionary stay. Cross motion by respondent to confirm that no stay is in effect.

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

ORDERED that the branch of appellant's motion seeking to confirm that the execution of the warrant is stayed pending the determination of the appeal based on appellant's deposit of the amount of the monetary award in the final judgment is denied, as that deposit effected at best only a stay of execution of the monetary portion of the final judgment (see CPLR 5519 [a] [2]); and it is further,

ORDERED that the branch of appellant's motion seeking a discretionary stay of the execution of the warrant pending the determination of the appeal is granted on condition that the appeal be perfected on or before July 5, 2019 (see CPLR 5519 [c]). Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from the date of the final judgment at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to 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 any of the above conditions are not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice; and it is further,

ORDERED that the cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk