| Galasso Trucking, Inc. v Harvest Food Co. Ltd. |
| Motion No: 2008-01070 QC |
| Slip Opinion No: 2008 NYSlipOp 80858(U) |
| Decided on August 11, 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
| GALASSO TRUCKING, INC., Respondent, -against- HARVEST FOOD CO. LTD., Appellant. |
DECISION On the court's own motion, motion by tenant-appellant returnable June 6, 2008 and motion by landlord-respondent returnable June 20, 2008 are consolidated for purposes of disposition.
Motion by landlord-respondent to file late opposition is granted and opposition papers are deemed filed and served.
Motion by tenant-appellant to stay enforcement of the judgment of May 2, 2008 granted and enforcement of the judgment of May 2, 2008 is stayed pending hearing and determination of the appeal on condition that the appeal be perfected on or before November 7, 2008. Tenant is directed to pay to landlord $122,194.50, representing arrears through June 2008, and any and all arrears in rent and/or use and occupancy thereafter at the rate of $24,438.90 per month within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the landlord-respondent may move to vacate the stay on three days' notice.