| A.B. Ilibassi Realty Co., LP v B.Way Café & Sports, et al. |
| Motion No: 570351/08 |
| Slip Opinion No: 2008 NYSlipOp 73602(U) |
| Decided on June 3, 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. |
June 3, 2008
A.B. Ilibassi Realty Co., LP v B.Way Café & Sports, et al.
2- on or before June 30, 2008, posts an undertaking for the judgment for attorney's fees; 3- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 4- perfects the appeal by the October 2008 term - the filing deadline is August 13, 2008. In the event of appellant's failure to comply with the foregoing conditions, or in the event the appellant interferes with the building occupants' right to the quiet enjoyment of their apartments, the petitioner may move on five days' notice for an order vacating this conditional stay.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570351/08