| 5-7 E. 17th LLC v Schwam, Frederick L., et al. |
| Motion No: 570790/08 |
| Slip Opinion No: 2009 NYSlipOp 67164(U) |
| Decided on March 23, 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 23, 2009
5-7 E. 17th LLC v Schwam, Frederick L., et al.
The cross-motion to vacate the stay is denied, without prejudice to petitioner's right to seek a higher rate for use and occupancy in the trial court, if so advised.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570790/08