| 300 Montauk, LLC v K & C Group Corp. Doing Bus. As Excellent Nails |
| Motion No: 2011-02273 sc |
| Slip Opinion No: 2011 NY Slip Op 90993(U) |
| Decided on November 17, 2011 |
| 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.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| 300 Montauk, LLC, Respondent, v K & C Group Corp. Doing Business as Excellent Nails, Appellant. |
Motion by appellant to stay all proceedings pending the determination of an appeal from a judgment of the District Court of Suffolk County, Fifth District, entered August 3, 2011. Cross motion by respondent to vacate a temporary stay granted by this court on August 19, 2011, and for an order directing the release of funds.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion by appellant is granted on condition that the appeal be perfected on or before January 6, 2012. Appellant is directed to pay respondent the balance of the judgment amount together with any and all arrears from August 1, 2011 in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay use and occupancy to respondent as it becomes 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; and it is further,
ORDERED that respondent's cross motion is granted to the extent of directing that the funds on deposit in this matter be released to respondent 300 Montauk, LLC, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk