| John Rosati v Aymex, Inc. |
| Motion No: 2007-01723 KC |
| Slip Opinion No: 2008 NYSlipOp 61108(U) |
| Decided on January 3, 2008 |
| 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
| JOHN ROSATI, Respondent, -against- AYMEX, INC. Appellant, -and- ASTRO STAINLESS STEEL, INC., AMERWAY, XYZ CORPORATION, Undertenant, -and- YEHUDA NELKENBAUM, Guarantor. |
DECISION
Motion by tenant-appellant to stay enforcement of the order dated July 25, 2007 is granted and enforcement of said order of July 25, 2007 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 7, 2008. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable pursuant to the lease 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.
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.