Opinion
Motion No: M-3767
09-10-2019
P360 Spaces LLC, Plaintiff-Respondent, v. Patricia Orlando, Daren Orlando, Zoe Campbell and Kevin Campbell, Defendants-Appellants, John Doe, et al., etc.,Defendants.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about May 8, 2019, which denied defendants-appellants' motion to vacate an order and judgment (one paper) entered on or about September 26, 2018, which, inter alia, awarded plaintiff-respondent sole possession of the basement space appurtenant to its condominium unit and directed the Clerk to issue a warrant of ejectment against defendants-appellants forthwith to remove it from that space, And defendants-appellants having moved pursuant to CPLR 5518 to stay enforcement of the aforesaid order and judgment entered on or about September 26, 2018, pending the hearing and determination of their appeal from the aforementioned order entered on or about May 8, 2019 (M-3359), And plaintiff-respondent having cross-moved to dismiss the appeal on the ground that it was taken from a nonappealable order (M-3767), And an interim stay having been granted by an order of a Justice of this Court, dated June 19, 2019, Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that defendants-appellants' motion (M-3267) is granted to the extent of staying enforcement of the order and judgment entered on or about September 26, 2018, pending the hearing and determination of the appeal taken from the order entered on or about May 8, 2019, on condition that the appeal is perfected for the January 2020 Term. Plaintiff-respondent's cross motion (M-3767) to dismiss the appeal is denied.
ENTERED: September 10, 2019
__________ CLERK
PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices
M-3767
M-3267
Index No. 156534/15