| 348 E. Realty, LLC. v Townhouse Designs, LLC. |
| Motion No: 570878/11 |
| Slip Opinion No: 2011 NY Slip Op 92288(U) |
| Decided on December 14, 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. |
December 14, 2011
348 E. Realty, LLC. v Townhouse Designs, LLC.
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects its appeal by no later than the April 2012 term - the filing deadline is February 7, 2012; 2- pays to the landlord rent arrears of $60,000 on or before December 30, 2011; and 3-pays to the landlord accruing use and occupancy at the rate set forth in the last lease, on or before each subsequent rental due date, without prejudice. 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.
By: Lowe, III, P.J., Shulman, Torres., J.J.
Motion No. 570878/11