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601 W. Realty, LLC v. Mao Chu Zheng

Appellate Division of the Supreme Court of the State of New York
Sep 19, 2017
2017 N.Y. Slip Op. 86351 (N.Y. App. Div. 2017)

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


Summaries of

601 W. Realty, LLC v. Mao Chu Zheng

Appellate Division of the Supreme Court of the State of New York
Sep 19, 2017
2017 N.Y. Slip Op. 86351 (N.Y. App. Div. 2017)
Case details for

601 W. Realty, LLC v. Mao Chu Zheng

Case Details

Full title:601 West Realty, LLC, Petitioner-Landlord-Respondent, v. Mao Chu Zheng…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Sep 19, 2017

Citations

2017 N.Y. Slip Op. 86351 (N.Y. App. Div. 2017)