| Onbar LLC v Broadway Canyon Ltd., et al. |
| Motion No: 570504/06 |
| Slip Opinion No: 2006 NYSlipOp 75129(U) |
| Decided on September 12, 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. |
September 12, 2006
Onbar LLC v Broadway Canyon Ltd., et al.
It is Ordered that the motion for a stay pending the determination of this appeal is granted on the condition that the appellant : (1) on or before September 25, 2006, pays $28,169.oo to the petitioner, without prejudice to the latter's claim for additional arrears; ( 2 ) continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and (3) perfects the appeal by the January 2007 term of this court - the filing date for which is November 8, 2006. In the event of appellant's failure to comply with the aforementioned conditions, the petitioner-landlord may move on five (5) days' notice for an order vacating the stay.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570504/06