| A.B. Ilibassi Realty Co., LP v B. Way Café, et al. |
| Motion No: 570351/08 |
| Slip Opinion No: 2008 NYSlipOp 90279(U) |
| Decided on November 28, 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. |
November 28, 2008
A.B. Ilibassi Realty Co., LP v B. Way Café, et al.
It is Ordered that the motion is granted to the extent of re-instating the stay pending the determination of the appeal, presently scheduled for the January 2009 term. [Cal. #09-007] Accruing use and occupancy is to be tendered to the petitioner, without prejudice, on each subsequent rental due date. Otherwise, the landlord may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570351/08