| 1333 Broadway Assoc., LLC v J.T. Lunch Corp. |
| Motion No: 570576/08 |
| Slip Opinion No: 2008 NYSlipOp 83606(U) |
| Decided on September 19, 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 19, 2008
1333 Broadway Assoc., LLC v J.T. Lunch Corp.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before September 30, 2008, pays $46,045.oo, representing the balance due for net arrears through September 2008, to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfects the appeal for the December 2008 term - the filing deadline is October 7, 2008. In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570576/08