| 3830 -38 E. Tremont Ave. Rlty Inc. v Martini Lounge |
| Motion No: 570903/10 |
| Slip Opinion No: 2010 NY Slip Op 86796(U) |
| Decided on November 1, 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. |
November 1, 2010
3830 -38 E. Tremont Ave. Rlty Inc. v Martini Lounge
It is Ordered that the appellant's motion is granted to the extent of staying execution of the warrant of eviction on condition that the appellant: 1- on or before November 10, 2010 tenders the August, September, October and November 2010 use and occupancy, at the rate of $4,100- per month, to the petitioner, without prejudice; 2- perfects the appeal by the February 2011 term - the filing deadline is December 15, 2010; and 3- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice.
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., Shulman, Hunter, Jr., J.J.
Motion No. 570903/10