| 90 N. 1st St. Corp. v Grace Food Dist. Inc. |
| Motion No: 2005-01475 kc |
| Slip Opinion No: 2006 NYSlipOp 61518(U) |
| Decided on January 17, 2006 |
| Appellate Term, Second 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 90 NORTH 1ST STREET CORP., Respondent, -against- GRACE FOOD DIST. INC., Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by February 3, 2006; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.