| Empire State Bldg. Co. v Sehera Foods Servs. Inc., et al. |
| Motion No: 570461/07 |
| Slip Opinion No: 2008 NYSlipOp 63782(U) |
| Decided on February 15, 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 15, 2008
Empire State Bldg. Co. v Sehera Foods Servs. Inc., et al.
It is Ordered that the motion to vacate the stay is granted unless the appellant pays use and occupancy for October, November, December 2007 and January and February 2008, at the rate of $15,025 per month, to the petitioner, without prejudice, on or before February 28, 2008. In the event of appellant's failure to comply with the foregoing condition, the landlord may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570461/07