Mountbatten Equities v. Tabard Press Corp., 88 Misc. 2d 831 (N.Y. App. Term. 1976). · Go Syfert
Mountbatten Equities v. Tabard Press Corp., 88 Misc. 2d 831 (N.Y. App. Term. 1976). Cases Citing This Book View Copy Cite
8 citation events (4 in the last 25 years) across 5 distinct courts.
Strongest positive: City of New York v. Elizabeth St., Inc. (nycivctny, 2024-05-08)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) City of New York v. Elizabeth St., Inc.
Civ. Ct. NYC, NY Cty. · 2024 · confidence medium
Additionally, the Appellate Term held that, "where commercial tenancies are involved the Civil Court may stay issuance of a warrant of eviction under circumstances of hardship" pursuant to CPLR 2201 ( Eskandar Corp. v Velis , 110 Misc 2d 193, 194 [App Term, 1st Dept 1981], citing Masovi Corp. v. Wagner's Tri-Boro Restaurant , NYLJ, Oct 27, 1980 [App Term, 1st Dept]; [FN12] Mountbatten Equities v Tabard Press Corp ., 88 Misc 2d 831, 832 [App Term, 1st Dept 1976]; see also Daniel Finkelstein & Lucas A. Ferrara, Landlord and Tenant Practice in New York § 15:628 [West's NY Prac Series, vol G, n 2…
discussed Cited as authority (rule) City of New York v. Elizabeth St., Inc.
Civ. Ct. NYC, NY Cty. · 2024 · confidence medium
Additionally, the Appellate Term held that, "where commercial tenancies are involved the Civil Court may stay issuance of a warrant of eviction under circumstances of hardship" pursuant to CPLR 2201 ( Eskandar Corp. v Velis , 110 Misc 2d 193, 194 [App Term, 1st Dept 1981], citing Masovi Corp. v. Wagner's Tri-Boro Restaurant , NYLJ, Oct 27, 1980 [App Term, 1st Dept]; [FN12] Mountbatten Equities v Tabard Press Corp ., 88 Misc 2d 831, 832 [App Term, 1st Dept 1976]; see also Daniel Finkelstein & Lucas A. Ferrara, Landlord and Tenant Practice in New York § 15:628 [West's NY Prac Series, vol G, n 2…
discussed Cited as authority (rule) 660 Riverside Drive Aldo Associates L. L. C. v. Marte
N.Y. City Civ. Ct. · 1998 · confidence medium
(See, Matter of MacLeod v Shapiro, 20 AD2d 424, 427 [1st Dept 1964]; Mountbatten Equities v Tabard Press Corp., 88 Misc 2d 831, 832 [App Term, 1st Dept 1976].) Pursuant to CPLR 2201, the court may stay its proceedings “in a proper case, upon such terms as may be just.” Despite CPLR 2201, its broad language has been limited by decision.
discussed Cited as authority (rule) 170 West 85 Street HDFC v. Jones
N.Y. City Civ. Ct. · 1998 · confidence medium
(Matter of MacLeod v Shapiro, 20 AD2d 424, 427 [1st Dept 1964]; Mountbatten Equities v Tabard Press Corp., 88 Misc 2d 831, 832 [App Term, 1st Dept 1976].) A motion to stay a proceeding is primarily addressed to the discretion of the court.
Retrieving the full opinion text from the archive…
Mountbatten Equities, by Helmsley-Spear, Inc., as Agent, Appellant-Respondent
v.
Tabard Press Corp.
Appellate Terms of the Supreme Court of New York.
Nov 19, 1976.
88 Misc. 2d 831
1976 N.Y. Misc. LEXIS 2753
David D. Wallerstein for appellant. William G. ODonnell and Stuart F Gartner for respondents.
Cited by 8 opinions  |  Published
Per Curiam.

Final judgment entered May 14, 1976 on order dated and entered May 14, 1976 and supplemental orders dated July 2, 1976, August 18, 1976 and September 22, 1976, modified by providing that the issuance of the warrant of eviction is stayed until December 30, 1976; as modified, affirmed without costs.

Petitioner concedes that in a commercial holdover summary proceeding a court is empowered to grant a reasonable stay (see, also, CPLR 2201; CCA 212; 22 NYCRR 2900.21 [d]; Rasch, New York Landlord and Tenant, Summary Proceedings [2d ed], § 1411; Matter of Pepsi Cola Metropolitan Bottling Co. v Miller, 50 Misc 2d 40; Novick v Hall, 70 Misc 2d 641). At bar, the interests of the parties and the public interest uniquely involved were carefully reviewed by Special Term. On review of the record we find that Special Term properly exercised its discretion.

Concur — Dudley, P. J., Riccobono and Tierney, JJ.