Opinion
Motion No: M-2958
07-23-2019
Scott Crockett, Plaintiff-Respondent, v. 351 St. Nicholas Avenue LLC, Defendant-Appellant.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 29, 2019, which granted plaintiff's motion for summary judgment and declared that plaintiff is entitled to a rent stabilized lease and initial rent payment of $175.69 per month, awarded plaintiff a judgment of $106,693.26 in overcharges, and referred the matter to a Judicial Hearing Officer/Special Referee for a hearing to determine the calculation of treble damages and attorneys' fees, And defendant-appellant having moved for an order staying the enforcement of the aforesaid order entered on or about April 29, 2019 and all proceedings therein, pending hearing and determination of the aforesaid appeal, And an order of a Justice of this Court, dated June 10, 2019, having granted defendant an interim stay of the enforcement of the order and the hearing, pending the determination of the motion, 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 to the extent of staying, pending the hearing and determination of the appeal, the enforcement of the judgment awarded to plaintiff in the amount of $106,693.26 in overcharges and the hearing before the Judicial Hearing Officer/Special Referee, on condition appellant perfects the appeal for the November 2019 Term. During the pendency of the stay and appeal, plaintiff-respondent shall continue to pay rent in the stabilized amount of $175.69 per month. The interim relief granted by an order of a Justice of this Court, dated June 10, 2019, is superceded by this order and vacated.
ENTERED: July 23, 2019
__________ CLERK
Present - Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices
M-2958
Index No. 159061/17