| 2089-2091 Amsterdam Ave. Hous. v Amsterdam Tire Shop & Accessory |
| Motion No: 570822/11 |
| Slip Opinion No: 2012 NY Slip Op 65977(U) |
| Decided on March 1, 2012 |
| 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. |
March 1, 2012
2089-2091 Amsterdam Ave. Hous. v Amsterdam Tire Shop & Accessory
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that landlord's motion to vacate the stay is denied. Tenant's cross motion is granted on condition that tenant: 1- perfects its appeal by no later than the May 2010 term - the filing deadline is March13, 2012; and 2- pays landlord accruing use and occupancy in the amount of $800 on or before the 10th day of each month, without prejudice. Landlord is directed to accept, without prejudice, any use and occupancy payments made by tenant pursuant to this Court's December 23, 2011 order. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord may move, on five days' notice for an order vacating the stay.
By: Lowe, III, P.J., Shulman, Torres., J.J.
Motion No. 570822/11