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

Slip Opinion No: 2006 NYSlipOp 71068(U)

Decided on June 19, 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., RIOS 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 appellant to reinstate and continue the stay contained in the order of this court dated January 17, 2006, and subsequently extended by an order dated March 23, 2006, is granted on condition that tenant perfects the appeal by August 4, 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.