104-106 Sullivan St., LLC v Estate/Borga, Marie, et al.



104-106 Sullivan St., LLC v Estate/Borga, Marie, et al.
Motion No: 570207/10
Slip Opinion No: 2010 NY Slip Op 65864(U)
Decided on March 18, 2010
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.



March 18, 2010

104-106 Sullivan St., LLC v Estate/Borga, Marie, et al.

It is Ordered that the respondent-appellant's motion is granted on condition that appellant: 1- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice; and 2- perfects the appeal by no later than the June 2010 Term - the filing deadline is April 13, 2010. In the event of appellant's failure to comply with the forgoing conditions, the petitioner-respondent may move on five days' notice for an order vacating the stay.

By: McKeon, P.J., Shulman, Hunter, Jr., J.J.

Motion No. 570207/10