M & B Lincoln Realty Corp. v. Thompson

Full title: M & B Lincoln Realty Corp., Landlord-Appellant, v. Desiree Thompson…

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

Date published: Apr 19, 2016

2016 N.Y. Slip Op. 71571 (N.Y. App. Term 2016)

Opinion

Motion No: 2014-01241 KC

04-19-2016

M & B Lincoln Realty Corp., Landlord-Appellant, v. Desiree Thompson, Tenant, Jamal McNichol, Undertenant, and Jillian Ann McNichol, Undertenant-Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by landlord-appellant, in effect, for leave to reargue its opposition to undertenant-respondent Jillian Ann McNichol's prior motion for, among other things, leave to appeal to the Appellate Division from a decision and order of this court dated December 8, 2015, which determined an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered September 30, 2013, which prior motion was determined by decision and order on motion of this court dated March 16, 2016.

Upon the papers filed in support of landlord-appellant's motion and the papers filed in opposition thereto, it is

ORDERED that landlord-appellant's motion is granted and, upon reargument, this court's decision and order on motion dated March 16, 2016 is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by undertenant-respondent for leave to appeal to the Appellate Division from a decision and order of this court dated December 8, 2015, which determined an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered September 30, 2013, and for a stay.

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

ORDERED that undertenant-respondent's motion is denied as untimely (see CPLR 5513).

ENTER:

Paul Kenny

Chief Clerk