| 373-381 Park Ave. S., LLC v Golf Partners, L.P., et al. |
| Motion No: 570457/06 |
| Slip Opinion No: 2006 NYSlipOp 75779(U) |
| Decided on September 20, 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 20, 2006
373-381 Park Ave. S., LLC v Golf Partners, L.P., et al.
It is Ordered that the motion to vacate the stay is denied. On or before September 26, 2006, the appellant is to re-tender $40,983.44 to landlord, without prejudice. Thereafter, accruing use and occupancy, along with the additional payment due monthly towards arrears, is to be tendered to the petitioner by no later than the tenth day of each month, without prejudice. In the event of appellant's failure to comply with the orders of this Court, petitioner may move on five (5) days' notice for an order vacating the stay.
By: McKeon, P.J., McCooe, Davis, J.J.
Motion No. 570457/06