Radar 215 Suydam, LLC.v.Alvarez

Appellate Term of the Supreme Court of the State of New York for the 2nd, 11th & 13th Judicial DistrictsJun 26, 2019
2019 N.Y. Slip Op. 74635 (N.Y. App. Div. 2019)

Motion No: 2018-01696 KC


Radar 215 Suydam, LLC., Respondent, v. Wagner Alvarez, et al., Respondents and Alba Portero, Nonparty-Appellant.




Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 25, 2018, to continue a stay granted by decision and order on motion of this court dated November 20, 2018, and to enlarge the time to perfect the appeal. Cross motion by respondent for an order directing appellant to pay the use and occupancy due through June 2018 in the sum of $5,340.48 and to deny the appellant's motion.

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

ORDERED that appellant's motion is granted on condition that appellant perfect the appeal by August 30, 2019, and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 20, 2018; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice; and it is further,

ORDERED that the cross motion is denied.


Paul Kenny

Chief Clerk