| M-Raj Spring St., LLC v Karamahmutoglu, Hakan, et al. |
| Motion No: 570606/09 |
| Slip Opinion No: 2009 NY Slip Op 82533(U) |
| Decided on September 9, 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. |
September 9, 2009
M-Raj Spring St., LLC v Karamahmutoglu, Hakan, et al.
It is Ordered that the motion for a stay is granted on the condition that appellant: 1- pays the outstanding portion of the judgment [$40,000-] to the landlord, without prejudice, by September 21, 2009, along with the August and September use and occupancy; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice to petitioner's right to move in the trial court for market rate use and occupancy; and 3- perfects the appeal by the December 2009 term - the filing deadline is October 14, 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.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570606/09