| Development Strategies Co., LLC v Astoria Equities, Inc., Ditmars Roofing & Sheet Metal Contrs., Inc. |
| Motion No: 2009-00184 SC |
| Slip Opinion No: 2009 NY Slip Op 70775(U) |
| Decided on April 21, 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: 9th and 10th JUDICIAL DISTRICTS
| DEVELOPMENT STRATEGIES COMPANY, LLC, Respondent, -against- ASTORIA EQUITIES, INC., DITMARS ROOFING AND SHEET METAL CONTRACTORS, INC., Appellant, -and- ANTHONY DESABATO, BEATRICE DESABATO, JR FACTORS INC., and "JANE DOE", Respondents. |
DECISION
On the court's own motion, motions by tenant-appellant returnable February 20, 2009 and March 24, 2009, are consolidated for purposes of disposition.
Motion by tenant-appellant to file a late reply is granted.
Motion by tenant-appellant to stay enforcement of the judgment of September 2, 2008 is granted and enforcement of the judgment of September 2, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 2, 2009. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from September 1, 2008, at the rate of $13,000 per month within 10 days from the date of this order crediting tenant with a deposit of $40,000, 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 landlord-respondent may move to vacate the stay on 3 days' notice