| 79 Co., LLC v Heng Shing Rest. Inc. |
| Motion No: 570235/09 |
| Slip Opinion No: 2009 NYSlipOp 65982(U) |
| Decided on March 10, 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. |
March 10, 2009
79 Co., LLC v Heng Shing Rest. Inc.
It is Ordered that the motion for a stay is granted on the condition that the appellant: 1- pays the January, February and March 2009 use and occupancy, in the aggregate amount of $24,806.25, on or before March 23, 2009, without prejudice; 2- continues paying accruing monthly use and occupancy in the amount of $8,268.75, without prejudice; and 3- perfects the appeal for the June 2009 term - the filing deadline is April 7, 2009. 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. 570235/09