| Madison 380 Broome Rlty., LLC v Robdar Rest., et al. |
| Motion No: 570061/09 |
| Slip Opinion No: 2009 NYSlipOp 63077(U) |
| Decided on February 6, 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. |
February 6, 2009
Madison 380 Broome Rlty., LLC v Robdar Rest., et al.
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- continues to pay for accruing use and occupancy at the rate previously payable as rent, without prejudice; 2- perfects the appeal by the May 2009 term - the filing deadline is March 10, 2009. In the event of appellant's failure to comply with the foregoing conditions, the petitioner-respondent may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570061/09