| Bouwerie Lane Corp. v Black, Michael, et al. |
| Motion No: 570827/05 |
| Slip Opinion No: 2006 NYSlipOp 61447(U) |
| Decided on January 31, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
January 31, 2006
Bouwerie Lane Corp. v Black, Michael, et al.
It is Ordered that the motion to vacate the stay is granted unless: (1) appellant perfects the appeal by the April 2006 term of this court; and (2) continues to pay monthly use and occupancy to petitioner on each subsequent rental due date, without prejudice. In the event respondent-appellant fails to comply with either of the aforementioned conditions, landlord may move on five (5) days' notice to vacate the stay and dismiss the appeal.
By: Suarez P.J., McCooe, Schoenfeld, J.J.
Motion No. 570827/05