| 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 75998(U) |
| Decided on June 22, 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, motion by landlord-respondent returnable May 11, 2009, motion by tenants-appellants and cross motion by landlord returnable May 29, 2009, and motion by landlord-respondent returnable June 9, 2009 are consolidated for purposes of disposition.
Motion by landlord-respondent to vacate the stay contained in the order of this court dated April 21, 2009 is denied on condition that within 10 days from the date of the order hereon tenants-appellants pay to petitioner Development Strategies Company, LLC the sum of $13,000 representing use and occupancy for June 2009 and continue to pay petitioner said sum by the fifth day of each month and continue to comply with the other conditions of the order of April 21, 2009.
Motion by landlord-respondent to release funds deposited with the court below is denied without prejudice to moving for such relief in the court below.
Motion by tenants-appellants to deposit use and occupancy into court and for other relief is denied in its entirety.
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.
Scheinkman, J., taking no part.