| Emiliya's Diamonds, Inc. v Amson Associates, LLC |
| Motion No: 2011-04199 |
| Slip Opinion No: 2011 NY Slip Op 74671(U) |
| Decided on June 6, 2011 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M120621
E/sl
JOSEPH COVELLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-04199 Emiliya's Diamonds, Inc., respondent, v Amson Associates, LLC, appellant. (Index No. 4343/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated April 1, 2011, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order dated April 1, 2011, is denied on condition that the respondent pay to the appellant use and occupancy in the sum of $8,000 per month, to be paid on the 7th of each month as set forth in the order dated April 1, 2011, effective immediately; and it is further,
ORDERED that in the event the respondent does not pay use and occupancy as set forth above, the appellant may move to renew its motion for a stay on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court