| 5-7 E. 17th LLC v Schwam, Frederick L., et al. |
| Motion No: 570790/08 |
| Slip Opinion No: 2009 NYSlipOp 61242(U) |
| Decided on January 20, 2009 |
| 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. |
January 20, 2009
5-7 E. 17th LLC v Schwam, Frederick L., et al.
It is Ordered that the motion for a stay is granted on the condition that the appellant: 1- perfects the appeal by the May 2009 term of this court - the filing deadline is March 10, 2009; and 2- continues to pay accruing monthly use and occupancy, at $2,400- per month, without prejudice to either party moving in the trial court for a more appropriate rate, if so advised. In the event of appellant's failure to comply with the foregoing conditions, the landlord may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570790/08