| John Rosati v Aymex, Inc. |
| Motion No: 2007-01723 KC |
| Slip Opinion No: 2008 NYSlipOp 70485(U) |
| Decided on April 24, 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-Respondent. |
DECISION
Motion by tenant-appellant to reinstate and continue the stay contained in the order of this court dated January 3, 2008, is granted on condition that tenant perfects the appeal by July 3, 2008. Tenant is directed to pay to landlord any and all arrears in rent and additional rent, including real estate taxes and/or use and occupancy 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 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.