| 319 Fifth Ave. Realty v 319 Smile Corp., et al. |
| Motion No: 570773/07 |
| Slip Opinion No: 2008 NYSlipOp 67450(U) |
| Decided on March 25, 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. |
March 25, 2008
319 Fifth Ave. Realty v 319 Smile Corp., et al.
It is Ordered that the motion to vacate the stay is granted unless the appellant, on or before March 27, 2008, pays the March use and occupancy at the rate set by the trial court [$83,964.66 ]. The April use and occupancy is to be paid by April 11, 2008. In the event of appellant's failure to comply with the order of this Court, the petitioner may move on five days' notice for an order vacating the stay. The cross-motion for various relief is denied.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570773/07