| 319 Fifth Ave. Realty v 319 Smile Corp., et al. |
| Motion No: 570773/07 |
| Slip Opinion No: 2008 NYSlipOp 82198(U) |
| Decided on September 10, 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. |
September 10, 2008
319 Fifth Ave. Realty v 319 Smile Corp., et al.
It is Ordered that the motion for a stay is granted on condition appellant continues to pay accruing use and occupancy, commencing September 2008 in the amount of $43,557.16, without prejudice. The cross-motion is granted only to the extent of directing the appellant to pay the water and sewer charges by November 3, 2008, to the petitioner without prejudice. In the event of appellant's failure to comply with the foregoing conditions, the landlord may move on five day's notice for an order vacating the stay.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570773/07