| 240 W. 37 LLC v Europa Moda, Inc. |
| Motion No: 570464/08 |
| Slip Opinion No: 2008 NYSlipOp 84273(U) |
| Decided on September 30, 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 30, 2008
240 W. 37 LLC v Europa Moda, Inc.
It is Ordered that the motion to vacate the stay is denied, without prejudice to renew in the event the appellant fails to tender accruing use and occupancy pending the appeal, that should be perfected for the December 2008 term. The filing deadline is October 7, 2008. The prior orders of this Court are modified accordingly.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570464/08