| S. Durante & Son, Inc. v Two Frogs Corp. |
| Motion No: 570461/08 |
| Slip Opinion No: 2008 NYSlipOp 78797(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
S. Durante & Son, Inc. v Two Frogs Corp.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before August 6, 2008, pays the February through August use and occupancy, at $7,044.oo per month, to the petitioner, without prejudice; 2- continues paying accruing monthly use and occupancy, without prejudice; and 3- perfects the appeal by 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. 570461/08