Opinion
Motion No: 570644/16
12-29-2016
New Whitehall Apts. LLC v. S.A.V. Assoc. Inc.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the petitioner-respondent's cross-motion is denied.
It is further Ordered that the respondent-appellant's motion seeking an enlargement of time to perfect its appeal is granted on condition that respondent-appellant: (1) perfect its appeal by the April 2017 term the filing deadline for which is February 8, 2017; and (2) continues to pay the petitioner-respondent accruing use and occupancy in the amount of $15,000.00 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.