Julio Fernandez & Benigo Fernandez v M & V Group, Inc., Vijendra Sheth & Muhammad Salah
Motion No: 2009-01094 QC 10-30-2009
Slip Opinion No: 2009 NY Slip Op 91300(U)
Decided on December 8, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : RIOS, J.P., PESCE and GOLIA, JJ.


NO. 2009-1094 Q C
JULIO FERNANDEZ and BENIGO FERNANDEZ,

Respondents,

-against-

M & V GROUP, INC., VIJENDRA SHETH
and MUHAMMAD SALAH,

Appellants,

-and-

"JOHN DOE" and "JANE DOE",

Respondents.

DECISION

Motion by landlords-respondents to vacate the stay contained in the order of this court dated August 20, 2009 is denied on condition that within 10 days from the date of the order hereon tenants-appellants deposit with the court below the sum of $27,001.72, representing real estate taxes and water charges, and continue to comply with the other conditions of the order of August 20, 2009. Tenants shall file with this court proof of deposit within one business day after making 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 landlords may move to vacate the stay on three days' notice.