| 339 Broadway Props., LLC v Bistro Marketplace 339, Inc. |
| Motion No: 570067/08 |
| Slip Opinion No: 2008 NYSlipOp 63078(U) |
| Decided on February 8, 2008 |
| 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. |
February 8, 2008
339 Broadway Props., LLC v Bistro Marketplace 339, Inc.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before February 19, 2008, tenders the January and February use and occupancy to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal by the May 2008 term - the filing deadline is March 12, 2008. In the event of appellant's 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., Davis, Heitler, J.J.
Motion No. 570067/08