| S.A. Realty Holdings, L.L.C. v Evon Pharmacy |
| Motion No: 2006-02102 KC |
| Slip Opinion No: 2007 NYSlipOp 72617(U) |
| Decided on June 21, 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 tenant-appellant returnable April 20, 2007, and motions by landlord-respondent returnable May 25, 2007 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated February 7, 2007 is granted on condition that the appeal is perfected on or before August 3, 2007. Within 10 days from the date of the order hereon tenant shall deposit the amount of $12,850 representing use and occupancy payments through June, 2007. Thereafter, Tenant shall pay to landlord rent and/or use and occupancy from July 1, 2007, at the rate of $2,650 per month and continue to pay landlord use and occupancy at a like rate as it becomes due. Tenant shall file with this court proof of deposit of the sum of $12,850 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.
Motion by landlord-respondent to vacate the stay contained in the order of this court dated February 7, 2007 is denied.
Motion by landlord-respondent to amend the prior order of this court dated March 26, 2007 is granted and the order is amended to provide as follows:
Motion by landlord-respondent to release funds deposited with the court below is granted and the Department of Finance/Commissioner of Finance is directed to pay to S.A. Realty Holdings, LLC the deposited sum of $21,200 plus interest, if any, less lawful fees. Said payment shall be made payable to S.A. Realty Holdings, LLC and mailed to Kramer & Shapiro, LLP, Attention: Steven D. Chase, Esq., 80-02 Kew Gardens Road Suite 302, Kew Gardens, New York 11415.