| 319 Fifth Ave. Realty v 319 Smile Corp., et al. |
| Motion No: 570773/07 |
| Slip Opinion No: 2008 NYSlipOp 68950(U) |
| Decided on April 11, 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. |
April 11, 2008
319 Fifth Ave. Realty v 319 Smile Corp., et al.
It is Ordered that the motion to vacate the stay is denied, without prejudice to renew in the event the appellant fails to tender the March and April 2008 use and occupancy, at the rate of $43,557.16 per month, to the petitioner, by April 14, 2008, without prejudice. Accruing use and occupancy is to be tendered at said rate pending the determination of the appeal, without prejudice.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570773/07