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

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Dec 11, 2019
2019 N.Y. Slip Op. 86710 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00085 KC

12-11-2019

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


THOMAS P. ALIOTTA

DAVID ELLIOT, 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 December 20, 2018, to vacate a stay granted by decision and order on motion of this court dated May 30, 2019 and extended by decision and order on motion of this court dated September 20, 2019, and for an award of attorney's fees.

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

ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that appellant deposit into respondent's attorney's escrow account $21,273.10, representing all use and occupancy due through December 2019 within 10 days of this decision and order on motion and continue to pay into respondent's attorney's escrow account use and occupancy at the rate of $4,254.62 as it becomes due; and it is further,

ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person; and it is further,

ORDERED that the branch of the motion seeking an award of attorney's fees is denied.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

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

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Dec 11, 2019
2019 N.Y. Slip Op. 86710 (N.Y. App. Term 2019)
Case details for

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

Case Details

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: Dec 11, 2019

Citations

2019 N.Y. Slip Op. 86710 (N.Y. App. Term 2019)