| Khaled Yafai v Yankee Capital Corp. d/b/a Laundromat |
| Motion No: 2008-00779 KC |
| Slip Opinion No: 2008 NYSlipOp 73802(U) |
| Decided on May 30, 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
| KHALED YAFAI, Respondent, -against- YANKEE CAPITAL CORPORATION d/b/a LAUNDROMAT, Appellant. |
DECISION Motion by tenant-appellant to be restored to possession of the premises pending determination of the appeal is granted on condition that within 10 days of the date of the order hereon tenant pay landlord the sum of $17,500, representing all arrears from February through June 2008; otherwise, motion denied. Tenant shall be restored to possession forthwith upon making the payment.
In the event tenant satisfies the foregoing payment to landlord, a stay of re-execution of the warrant pending hearing and determination of the appeal is granted on condition that tenant pay to landlord use and occupancy at the rate previously payable as rent as it becomes due, and on condition that tenant perfects the appeal on or before September 5, 2008.
In the event that any of the above conditions for remaining in the premises following restoration are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.