| S.A. Realty Holdings, L.L.C. v Evon Pharmacy |
| Motion No: 2006-02102 KC |
| Slip Opinion No: 2007 NYSlipOp 67546(U) |
| Decided on April 17, 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
| S.A. REALTY HOLDINGS, LLC., Respondent, -against- EVON PHARMACY, Appellant. |
DECISION
On the court's own motion, motion by landlord-respondent returnable March 6, 2007, and motion by tenant-appellant returnable March 9, 2007, are consolidated for purposes of disposition.
Motion by landlord-respondent to vacate the stay contained in the order of this court dated February 7, 2007 is denied on condition that tenant pay to landlord any and all arrears in rent and/or use and occupancy from October 1, 2006, at the rate of $2,650 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. Tenant shall comply with all other conditions contained in the order dated February 7, 2007.
Motion by tenant-appellant granted to the extent of deeming all restraining notices vacated.
In the event that any of the conditions are not met, the court, on its own motion, may vacate the stay, or landlord-respondent may move to vacate the stay on three days' notice.
We note that tenant-appellant has deposited the judgment amount into court.