Mautner-Glick Corp. v Tunne
Annotate this CaseDecided on November 10, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570832/09.
Mautner-Glick Corp., Gerald P. Halpern as Executor of the Estate of Fred Zeiss, Petitioner-Landlord-Respondent,
against
Mark Tunne, Respondent-Tenant-Appellant.
Tenant, as limited by his brief, appeals from (1) a final judgment of the Civil Court of the
City of New York, New York County (Brenda S. Spears, J.), entered October 19, 2009, after
nonjury trial, awarding landlord possession in a nuisance holdover proceeding; (2) an order
(same court and Judge), dated October 26, 2009, which granted tenant's motion for, among other
things, a temporary stay pending appeal to the extent of staying issuance of the warrant of
eviction on condition that tenant paid outstanding use and occupancy within two weeks; and (3)
an order (Peter M. Wendt, J.), dated December 4, 2006, which denied his motion to vacate a
stipulation.
Per Curiam.
Appeals from final judgment (Brenda S. Spears, J.), entered October 19, 2009, and orders dated October 26, 2009 (same Judge) and December 4, 2006 (Peter M. Wendt, J.), transferred to the Appellate Term, Second Department.
In light of the particular facts underlying this case, we transferred respondent-tenant's appeals to the Appellate Term, Second Department, to avoid the appearance of any impropriety.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 10, 2010
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