| Empire State Bldg. Co. v Sehera Food Servs., Inc., et al. |
| Motion No: 570461/07 |
| Slip Opinion No: 2007 NYSlipOp 75620(U) |
| Decided on August 14, 2007 |
| Appellate Term, First 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. |
August 14, 2007
Empire State Bldg. Co. v Sehera Food Servs., Inc., et al.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- pays the outstanding balance of the judgment [ $70,851.73], along with the August use and occupancy to the petitioner-landlord, without prejudice, on or before August 17, 2007; 2- continues to pay for accruing use and occupancy as previously paid, without prejudice; and 3 - perfects the appeal for the November 2007 term of this court. The filing deadline is September 11, 2007. In the event the appellant fails to comply with any of the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay.
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570461/07