| Tzm Realty Corp. v Golden Two Supermarket, Inc. |
| Motion No: 2007-00040 KC |
| Slip Opinion No: 2007 NYSlipOp 65311(U) |
| Decided on March 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
| TZM REALTY CORP., Respondent, -against- GOLDEN TWO SUPERMARKET, INC. Appellant, -and- "XYZ CORP.", "JOHN DOE" and/or "JANE DOE",, Appellants-Undertenants. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of December 19, 2006, is granted and enforcement of the judgment of December 19, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 4, 2007. Tenant is directed to deposit within 10 days from the date of the order hereon the amount of $66,000 and to pay to landlord any and all arrears in rent and/or use and occupancy from January 1, 2007, at the rate of $22,660 per month 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.