| Carnegie Hall Corp v Thozachs Enter. |
| Motion No: 570887/07 |
| Slip Opinion No: 2007 NYSlipOp 87572(U) |
| Decided on December 28, 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. |
December 28, 2007
Carnegie Hall Corp v Thozachs Enter.
It is Ordered that the motion is granted only to the extent of staying the execution of the warrants of evictions and the attorney's fee hearing on condition that the appellants: 1- continue paying for accruing use and occupancy on each subsequent rental due date, at the rate previously payable as rent, until modified by the trial court's use and occupancy hearing; and 2- perfect the appeal by the April 2008 term of this court - the filing deadline is February 13, 2008. In the event of appellants' failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Klein Heitler J.J.
Motion No. 570887/07