| Fa Wah Mgt. v Zoilo Gavilan Alvarez d/b/a Juquiliuta Bar & Rest. |
| Motion No: 2006-01416 KC 11-01-2006 |
| Slip Opinion No: 2006 NYSlipOp 84003(U) |
| Decided on December 13, 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 : 2nd and 11th JUDICIAL DISTRICTS
| FA WAH
MANAGEMENT, Respondent, -against- ZOILO GAVILAN ALVAREZ D/B/A JUQUILIUTA BAR & RESTAURANT, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the order of August 21, 2006, is granted and enforcement of the order of August 21, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 2, 2007. Tenant is directed to pay to landlord the sum of $19,245.00 representing rent through September 2006 and any and all arrears in rent and/or use and occupancy thereafter at the rate of $2,632.33 per month within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
Cross motion by landlord-respondent is denied.