| 319 Fifth Ave. Realty v 319 Smile Corp., et al. |
| Motion No: 570773/07 |
| Slip Opinion No: 2008 NYSlipOp 79535(U) |
| Decided on August 6, 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. |
August 6, 2008
319 Fifth Ave. Realty v 319 Smile Corp., et al.
It is Ordered that the motion to vacate the stay is granted. The execution of the warrant of eviction is stayed through August 20, 2008, to afford the appellant an opportunity to tender the accrued water / sewer charges and real estate tax escalation due pursuant to the June 19, 2008 order of this court. If tendered, and on condition that the appellant is current in the payment of accrued use and occupancy, then the appellant may move for a continuation of the stay beyond August 20, 2008.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570773/07