| 2020 Commercial, LLC v Ultimate Auto Ctr., LLC & Frank Salerno |
| Motion No: 2010-01540 wc |
| Slip Opinion No: 2010 NY Slip Op 80542(U) |
| Decided on August 19, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| 2020 Commercial, LLC, Respondent, v Ultimate Auto Center, LLC and Frank Salerno, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered June 24, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by appellants for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before November 5, 2010. Appellants are directed to pay to respondent the sum of $7,800, representing rent for July and August 2010, and an additional $2,400, representing payments of $400 per month from March 2010 through August 2010 for water charges and legal fees due pursuant to the stipulation, within 10 days from the date of this decision and order, and to continue to pay respondent the monthly sums due pursuant to the stipulation as these payments become due; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Francis A. Nicolai
Presiding Justice