319 Fifth Ave. Realty v 319 Smile Corp., et al.



319 Fifth Ave. Realty v 319 Smile Corp., et al.
Motion No: 570773/07
Slip Opinion No: 2008 NYSlipOp 70594(U)
Decided on May 1, 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.



May 1, 2008

319 Fifth Ave. Realty v 319 Smile Corp., et al.

It is Ordered that the motion is granted to the extent of permitting the warrant of eviction to be executed after May 15, 2008. However, if by said date, the April and May use and occupancy has been tendered to the petitioner, the appellant may move for a continuation of the stay. Otherwise the warrant may be executed after May 15, 2008. [cal # 08-100 / April term ]

By: McKeon, P.J., Davis, Heitler, J.J.

Motion No. 570773/07