| Midwood Activities Inc. v Plymouth Palace Ltd. Et Al |
| Motion No: 2006-01893 KC |
| Slip Opinion No: 2007 NYSlipOp 61064(U) |
| Decided on January 9, 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
| MIDWOOD ACTIVITIES INC., Respondent, -against- PLYMOUTH PALACE LTD. ET AL, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of order dated November 15, 2006, is granted and enforcement of the order dated November 15, 2006 is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below the sum of $16,500.00 heretofore held in escrow by tenant's attorney and upon the further condition that the appeal is perfected by March 2, 2007. Tenant shall continue to pay use and occupancy to landlord at the rate of $7,777 a month as it becomes due. Tenant shall file with this court proof of deposit within one business day after such deposit.
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.