90 N. 1st St. Corp. v Grace Food Dist. Inc.

90 N. 1st St. Corp. v Grace Food Dist. Inc.

Motion No: 2005-01475 kc 02-16-2006

Slip Opinion No: 2006 NYSlipOp 65997(U)

Decided on March 23, 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: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.

NO. 2005-1475 K C

90 NORTH 1ST STREET CORP.,

Respondent,

-against-

GRACE FOOD DIST. INC.,

Appellant,

-and-

"JOHN DOE" and "JANE DOE",

Undertenants.

DECISION

Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated January 17, 2006, is granted on condition that tenant perfects the appeal by May 5, 2006; otherwise stay is vacated without further order of this court. Tenant shall continue to comply with all the other conditions contained in the order of this court dated January 17, 2006.