| 5211 13th Ave. Trust, Akiva Jerusalem Ttee v Rivka Walter |
| Motion No: 2009-00528 KC |
| Slip Opinion No: 2009 NY Slip Op 78655(U) |
| Decided on July 20, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| 5211 13TH AVE. TRUST, AKIVA JERUSALEM TTEE, Respondent, -against- RIVKA WALTER, Respondent, -and- PARENT PENDING USA, INC., Non-Party Appellant. |
DECISION
Motion by landlord-respondent to vacate the stay contained in the order of this court dated May 27, 2009 is denied on condition that within 10 days from the date of the order hereon appellant deposit with the court below the sum of $ 21,600 and pay landlord use and occupancy from August 1, 2009 as it becomes due at the rate of $1,200 per month and continue to comply with the other conditions of the order of May 27, 2009. Appellant shall file with this court proof of deposit of the sum of $21,600 within one business day after such deposit.
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.