| East Broadway Mall, Inc. v Hu, Tin Tan, et al. |
| Motion No: 570467/09 |
| Slip Opinion No: 2009 NY Slip Op 76789(U) |
| Decided on July 1, 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. |
July 1, 2009
East Broadway Mall, Inc. v Hu, Tin Tan, et al.
It is Ordered that the motion for a stay is granted on condition that the appellants: 1- on or before July 9, 2009, pay use and occupancy for June and July 2009, to the petitioner, without prejudice; 2- continue to pay for accruing use and occupancy in the amount of $2,924.72 per month, without prejudice; and 3 - perfect the appeal by the October 2009 term - the filing deadline is August 10, 2009. In the event of the appellants' failure to comply with the foregoing conditions, the landlord-respondent may move on five days' notice for an order vacating the stay. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( CPLR § 2215 )
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570467/09