| Armed Realty Co. v Tenzer, Leonard |
| Motion No: 570343/09 |
| Slip Opinion No: 2009 NYSlipOp 70026(U) |
| Decided on April 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. |
April 20, 2009
Armed Realty Co. v Tenzer, Leonard
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before May 1, 2009, pays $11,350.04 still due pursuant to the March 2008 stipulation, to the petitioner, without prejudice; 2- on or before June 10, 2009, pays the March, April, May and June use and occupancy, along with the arrears payments due each month, to the petitioner, without prejudice; 3- continues paying accruing use and occupancy and the arrears payments due, without prejudice; and 4- perfects the appeal by the September 2009 term - the filing deadline is July 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. The appeal may proceed on the original record of the trial court.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570343/09