| Kimbo Realty Inc v Mon Wah Realty |
| Motion No: 570619/10 |
| Slip Opinion No: 2010 NY Slip Op 78335(U) |
| Decided on July 30, 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. |
July 30, 2010
Kimbo Realty Inc v Mon Wah Realty
It is Ordered that the appellant's motion is granted staying the execution of the warrant of eviction pending the determination of the appeal on condition that the appellant: 1 - on or before August 13, 2010, pays $66,000- to the landlord, without prejudice, representing use and occupancy due from April to August 2010; 2 - thereafter, continues to pay for accruing use and occupancy, plus an additional $1,448.05 each month for real estate taxes, on each subsequent rental due date, without prejudice; and 3- perfects its appeal by the November 2010 term - the filing date is September 7, 2010. In the event of appellant's failure to comply with the foregoing conditions, the landlord-respondent may move on five days notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.
Motion No. 570619/10