HDH, LLC v. N.Y. Mart Grp.

Full title: HDH, LLC, Respondent, v. New York Mart Group, Appellant, et al.…

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

Date published: Apr 18, 2019

2019 N.Y. Slip Op. 69116 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00439 QC

04-18-2019

HDH, LLC, Respondent, v. New York Mart Group, Appellant, et al., Undertenant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered September 28, 2018, to modify the terms of a stay granted in an order of that court dated December 31, 2018.

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

ORDERED that respondent's motion is granted to the extent of modifying the terms of the stay granted in the Civil Court's order dated December 31, 2018 to provide that the stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before June 7, 2019, and on the further condition that appellant pay to respondent any and all arrears in rent and/or use and occupancy from the date of the final judgment at the rate previously payable as rent within 10 days from the date of this decision and order on motion and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event that any of the above conditions are not met, this court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice.

ENTER:

Paul Kenny

Chief Clerk