| 240 W. 37 LLC v Boa Fashion, Inc. |
| Motion No: 570455/08 |
| Slip Opinion No: 2008 NYSlipOp 78795(U) |
| Decided on July 29, 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. |
July 29, 2008
240 W. 37 LLC v Boa Fashion, Inc.
It is Ordered that the motion for a stay is granted on the condition that the appellant: 1- continues paying accruing monthly use and occupancy in the amount of $6,326.00, without prejudice; and 2 - perfects the appeal for the November 2008 term of this court - the filing deadline is September 9, 2008. In the event of appellant's failure to comply with the foregoing conditions, the landlord may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570455/08