| Westbeth Corp. HDFC Inc. v Ramscale Prods., Inc. |
| Motion No: 570633/10 |
| Slip Opinion No: 2010 NY Slip Op 79042(U) |
| Decided on August 6, 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. |
August 6, 2010
Westbeth Corp. HDFC Inc. v Ramscale Prods., Inc.
It is Ordered that the motion is granted to the extent of staying the execution of the warrants of eviction on condition that appellants : 1- continue to pay for accruing use and occupancy at the rate of $15,000 per month on each subsequent rental due date, without prejudice; and 2- perfect the appeal by the November 2010 term - the filing deadline is September 7, 2010. In the event of appellants' failure to comply with the foregoing conditions, the landlord-respondent may move on five days notice for an order vacating the stay. The hearing to determine use and occupancy and attorney's fees may proceed as scheduled.
By: McKeon, P.J., Schoenfield,M., Shulman., J.J.
Motion No. 570633/10