567 WEST 125TH STREET REALTY, LLC, pet-land-app, v. VJRJ RESTAURANTS LLC d/b/a Checkers, res-ten-res

570738/14. 567 WEST 125TH STREET REALTY, LLC, pet-land-app, v. VJRJ RESTAURANTS LLC d/b/a Checkers, res-ten-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Jennifer G. Schecter, J.), dated July 16, 2014, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

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570738/14. 567 WEST 125TH STREET REALTY, LLC, pet-land-app, v. VJRJ RESTAURANTS LLC d/b/a Checkers, res-ten-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Jennifer G. Schecter, J.), dated July 16, 2014, reversed, without costs, and tenant’s motion denied. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

Pursuant to the terms of an April 2014 so ordered stipulation settling this commercial nonpayment summary proceeding, petitionerlandlord was awarded a possessory judgment and a recovery of rent arrears in the amount of $21,039.75. The stipulation, which recited that it was the product of “extensive negotiations” between the parties, provided for the warrant of eviction to issue “forthwith,” with execution of the warrant stayed on condition that the corporate tenant complied with a specified “time of the essence” payment schedule. The stipulation authorized landlord to execute on the warrant in the event that tenant failed to make any payment and such failure continued after service of a three-day cure notice.

567 WEST 125TH STREET REALTY, LLC, pet-land-app, v. VJRJ RESTAURANTS LLC d/b/a Checkers, res-ten-res

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