Opinion
Motion No. 2021-00045 Motion No. 2021-00073
03-18-2021
Present - Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Jeffrey K. Oing Saliann Scarpulla, Martin Shulman, Justices. Index Nos. 157363/20 156890/20
Case Nos. 2021-00072 2021-00073 Action No. 1 Action No. 2
An appeal having been taken to this Court in Action No. 1 (Case No. 2021-00072, Index No. 157763/20), from an order of the Supreme Court, New York County, entered on or about January 5, 2021,
And an appeal having been taken to this Court in Action No. 2 (Case No. 2021-00073, Index No. 156890/20), from an order of the Supreme Court, New York County, entered on or about January 5, 2021,
And defendants-appellants having moved in each action for a preliminary injunction tolling the running of the time periods set forth in the respective January 05, 2021 orders pending the hearing and determination of the appeals taken therefrom (Action No. 1, Motion No. 2021-00045, Action No. 2, Motion No. 2021-00073),
And interim stays having been granted by order of a Justice of this Court in each action, both dated January 11, 2021, staying that portion of the January 05, 2021 orders directing the payment of back rent by a date certain, referring the motion, including the issue of use and occupancy to a full bench for determination, and directing the tenant to post an undertaking in an amount determined by Supreme Court,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that the motions (M-2021-00045 & M-2021-00073) are granted on the condition that defendants-appellants perfect their respective appeals for the September 2021 Term of this Court, and continue to pay monthly use and occupancy at the base rent set forth in the respective leases for the duration of the stay. The interim orders granted by a Justice of this Court on January 11, 2021 are hereby vacated insofar as they included bonding requirements. Entered: March 18, 2021
/s/
Susanna Molina Rojas
Clerk of the Court