Opinion
Motion No: M-40
03-06-2018
Ethan Goldwater, Plaintiff-Appellant, v. Amicus Associates Limited Partnership, Defendant-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about December 8, 2017,And plaintiff-appellant having moved, pursuant to CPLR 5519(c), for a stay of execution of the order on appeal pending hearing and determination of the aforesaid 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 to the extent of continuing the interim stay granted by the order of a Justice of this Court, dated January 5, 2018. However, that portion of the order on appeal directing plaintiff's counsel to release escrowed funds to defendant for use and occupancy is not subject to this stay, and plaintiff-appellant is further directed to continue paying use and occupancy until further order of this Court, and upon further condition the appeal is perfected for the September 2018 Term.
ENTERED: March 6, 2018
_____________________ CLERK
Present - Hon. Peter Tom,Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing,Justices
M-40
Index No. 160002/15