Nordica Soho LLC v Emilia, Inc.



Nordica Soho LLC v Emilia, Inc.
Motion No: 570302/12
Slip Opinion No: 2012 NY Slip Op 70487(U)
Decided on April 18, 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.



April 18, 2012

Nordica Soho LLC v Emilia, Inc.

It is Ordered that tenant-appellant's motion is granted on condition that tenant-appellant:1- perfects its appeal by no later than the October 2012 term - the filing deadline is August 8, 2012; 2- pays use and occupancy arrears in the amount of $259,490.72, on or before May 1, 2012; and 3- pays landlord accruing use and occupancy in the amount of $32,436.34 per month, 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., Schoenfeld, Shulman., J.J.

Motion No. 570302/12