Prospect Park Mgmt., LLC v. Williams

Full title: Prospect Park Management, LLC, Respondent, v. Latonya Williams, Appellant…

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

Date published: Apr 9, 2019

2019 N.Y. Slip Op. 68375 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00018 KC

04-09-2019

Prospect Park Management, LLC, Respondent, v. Latonya Williams, Appellant, et al., Undertenants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on an appeal from an amended decision of the Civil Court of the City of New York, Kings County, dated October 9, 2018, to vacate a stay granted by decision and order on motion of this court dated March 11, 2019.

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

ORDERED that the motion is denied.

Payment of the sum of $18,860.68 was not a condition of the stay granted by decision and order on motion of this court dated March 11, 2019, and respondent was not within its rights in rejecting appellant's tender of payments based on her failure to pay that sum.

ENTER:

Paul Kenny

Chief Clerk