Franpo Realty, LLC v. Power Furniture, Inc.

Full title: Franpo Realty, LLC, Respondent, v. Power Furniture, Inc., Appellant.

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

Date published: Jan 29, 2019

2019 N.Y. Slip Op. 63001 (N.Y. App. Term 2019)

Opinion

Motion No: 2018-02517 KC

01-29-2019

Franpo Realty, LLC, Respondent, v. Power Furniture, Inc., Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay of a hearing on respondent's posteviction motion for use and occupancy, damages and attorney's fees pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 21, 2018.

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

ORDERED that the motion is granted only to the extent of staying the hearing with respect to the branches of respondent's posteviction motion seeking use and occupancy and damages on condition that appellant perfect the appeal on or before May 3, 2019; and it is further,

ORDERED that in the event that the above condition is 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.

The hearing may proceed only as to the branch of respondent's motion seeking attorney's fees.

ENTER:n

Paul Kenny

Chief Clerk