| Mohammad Sherhan v Numyal Food, Inc. |
| Motion No: 2006-01849 QC |
| Slip Opinion No: 2007 NYSlipOp 63199(U) |
| Decided on February 6, 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
| MOHAMMAD SHERHAN, Respondent, -against- NUMYAL FOOD, INC., Appellant, -and- JOHN and JANE DOE, Respondents-Undertenants. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of April 5, 2005, and the judgment of January 27, 2006 is granted and enforcement of the judgment of April 5, 2005 and the judgment of January 27, 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 amount of $25,000 and continue to deposit into court use and occupancy at the rate of $2,083.33 a month from December 16, 2006 as the same becomes due and upon the further condition that the appeal is perfected by May 4, 2007. Tenant shall file with this court proof of deposit of the $25,000 and any and all arrears in rent and/or use and occupancy 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.