| Big Bear LLC v Subway Real Estate Corp., et al. |
| Motion No: 570533/06 |
| Slip Opinion No: 2006 NYSlipOp 75988(U) |
| Decided on September 21, 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 21, 2006
Big Bear LLC v Subway Real Estate Corp., et al.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by no later than the December 2006 term - the filing deadline is October 11, 2006. In the event of appellant's failure to comply with the foregoing conditions, petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570533/06