| 3830-38 E. Tremont Ave. Realty, Inc. v Martini Lounge, LLC |
| Motion No: 570903/10 |
| Slip Opinion No: 2010 NY Slip Op 91840(U) |
| Decided on December 29, 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. |
December 29, 2010
3830-38 E. Tremont Ave. Realty, Inc. v Martini Lounge, LLC
It is Ordered that the motions are consolidated for disposition. It is further Ordered that the stay of the warrant of eviction is vacated unless the appellant: 1- on or before January 5, 2011, pays to landlord any arrears in use and occupancy due for the months of August, September, October, November, and December 2010, at the rate of $4,100- per month, and continues to pay for accruing use and occupancy on each rental due date, without prejudice; and 2- perfects the appeal by the March 2011 term - the filing deadline is January 12, 2011 . 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: Schoenfeld, J.P., Shulman, Torres, J.J.
Motion No. 570903/10