| David Smith v Country Serv., Inc. |
| Motion No: 2005-01471 ORC |
| Slip Opinion No: 2006 NYSlipOp 75486(U) |
| Decided on September 12, 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 : 9th and 10th JUDICIAL DISTRICTS
| DAVID SMITH, Respondent, -against- COUNTRY SERVICE, INC., Appellant. |
DECISION
Motion by landlord-respondent to vacate the stay granted by order of this court dated December 16, 2005 and for other relief granted only to the extent of directing that tenant-appellant, as a condition of the continuation of said stay, reimburse landlord, within 10 days of the date of the order hereon, for the 2005-2006 school real property taxes in the sum of $5,694.86 and for property insurance expenses in the sum of $250.84. Tenant shall continue to comply with the other conditions of the stay except that ongoing use and occupancy payments commencing from the first payment due after the date of the order hereon may be made by depositing such payments into the court below. Cross motion by tenant-appellant for sanctions and other relief denied except to the extent set forth above.