Lantic Corp. v Ibrahima Diallo d/b/a Sahara
Motion No: 2005-02016 kc 01-27-2006
Slip Opinion No: 2006 NYSlipOp 65982(U)
Decided on March 13, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.


NO. 2005-2016 K C
LANTIC CORP.,

Respondent,

-against-

IBRAHIMA DIALLO
d/b/a SAHARA,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below the amount of $20,733.07 and any and all arrears in rent and/or use and occupancy from March 1, 2006 at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by June 2, 2006; upon failure to comply with any condition, the stay is vacated without further order of this court. Tenant shall file with this court proof of deposit of the designated amount and any and all arrears in rent and/or use and occupancy from March 1, 2006 within one business day after such deposit.