| Julio Fernandez & Benigo Fernandez v M & V Group, Inc., Vijendra Sheth & Muhammad Salah |
| Motion No: 2009-01094 qc |
| Slip Opinion No: 2010 NY Slip Op 64364(U) |
| Decided on February 17, 2010 |
| 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
| 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 tenants-appellants for leave to reargue is granted and upon reargument the order of this court dated December 8, 2009 (2009 NY Slip Op 91300[U]), requiring tenants to deposit the sum of $27,001.72 is recalled and vacated and the following substituted therefor:
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 $16,000 toward 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.