| 319 Fifth Ave. Realty v 319 Smile Corp., et al. |
| Motion No: 570773/07 |
| Slip Opinion No: 2008 NYSlipOp 73123(U) |
| Decided on May 28, 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 28, 2008
319 Fifth Ave. Realty v 319 Smile Corp., et al.
It is Ordered that the motion is granted to the extent of continuing the stay of the execution of the warrant of eviction until June 10, 2008. If, by said date, the June use and occupancy [ $43,557.16 ] has been tendered to the petitioner, without prejudice, then the appellant may seek a continuation of the stay. The cross-motion insofar as it seeks access is denied, without prejudice to renew in the trial court, if so advised. The cross-motion for the payment of water / sewer charges and property taxes is denied, without prejudice to renew upon proper papers. In all other respects, the cross-motion is denied.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570773/07