| 37th Ave. Realty Corp. v Yong Qing Wang |
| Motion No: 2008-02189 QC |
| Slip Opinion No: 2009 NYSlipOp 64471(U) |
| Decided on February 19, 2009 |
| Appellate Term, Second 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| 37TH AVENUE REALTY CORP., Respondent, -against- YONG QING WANG, Appellant. |
DECISION
Motion by tenant-appellant to stay enforcement of the judgment of July 31, 2008, is granted and enforcement of the judgment of July 31, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 3, 2009. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate of $7,000 per month within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.