| Us Airways, Inc. v Everything Yogurt Brands, Inc., E. Yogurt Concepts of Am., Inc., Villa Enters., Inc., Villa Enters. Ii, Inc., Villa Enters. Ltd., & Villa Enters. Holding Corp. |
| Motion No: 2006-01813 QC |
| Slip Opinion No: 2007 NYSlipOp 60112(U) |
| Decided on January 2, 2007 |
| 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
| US AIRWAYS, INC., Respondent, -against- EVERYTHING YOGURT BRANDS, INC., E. YOGURT CONCEPTS OF AMERICA, INC., VILLA ENTERPRISES, INC., VILLA ENTERPRISES II, INC., VILLA ENTERPRISES LTD., and VILLA ENTERPRISES HOLDING CORP., Respondents-Tenants, -and- P&J LAGUARDIA ENTERPRISES, INC. Appellant, -and- GREENLEAF GRILL, GREENLEAF'S EVERYTHING YOGURT EXPRESS and TACO EXPRESS, TREAT STREET and "JOHN DOE #1-JOHN DOE #5, Respondents. |
DECISION
Motion by undertenant-appellant to stay enforcement of the judgment of October 5, 2006, is granted and enforcement of the judgment of October 5, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 2, 2007. Undertenant-appellant is directed to pay to landlord any and all arrears in use and occupancy from October 1, 2006 at the rate previously payable as rent 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 landlord-respondent may move to vacate the stay on three days' notice.