| Marina Towers Assoc., L.P. v Stoner, Adam & Kotru, Ravi |
| Motion No: 570995/10 |
| Slip Opinion No: 2011 NY Slip Op 71901(U) |
| Decided on May 5, 2011 |
| 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. |
May 5, 2011
Marina Towers Assoc., L.P. v Stoner, Adam & Kotru, Ravi
It is Ordered that tenant-appellant's motion to vacate this Court's March 30, 2011 order, which had granted, without opposition, landlord-respondent's motion to dismiss the appeal is granted, the appeal reinstated, and the stay is granted on condition that tenant-appellant: 1- perfects his appeal by no later than the September 2011 term - the filing deadline is July 6, 2011; 2- pays use and occupancy for April 2011 and May 2011 in the total amount of $3,724.38 on or before May 19, 2011; 3- pays accruing use and occupancy to the landlord at the rate of $1,862.19, to be paid on or before the tenth day of each month. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice for an order vacating the stay and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570995/10