Opinion
Motion No: M-2976
09-19-2017
601 West Realty, LLC, Petitioner-Landlord-Respondent, v. Mao Chu Zheng, doing business as, Brothers Fish Market, etc., Respondent-Tenant-Appellant, "XYZ Corp., "John Doe," and "Jane Doe," Respondents-Undertenants.
Respondent-tenant-appellant having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about February 28, 2017, and to stay the warrant of eviction pending the 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, and the warrant of eviction is stayed pending the determination of the appeal and on the condition that tenant is to continue to pay use and occupancy, without prejudice to either party, such funds to be held in escrow by petitioner-landlord's attorney. Appellant shall file two copies of the pre-argument statement, and of this order with the Clerk of the Appellate Term with proof of service, pursuant to Section 600.17 of the Rules of this Court.
ENTERED: September 19, 2017
_____________________ CLERK
PRESENT: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices
M-2976
Index No. 570688/16