| 82-90 Broadway Realty Corp. v New York Supermarket, Inc. |
| Motion No: 2012-00692 qc |
| Slip Opinion No: 2012 NY Slip Op 72740(U) |
| Decided on May 1, 2012 |
| 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 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 82-90 Broadway Realty Corp., Respondent, v New York Supermarket, Inc., Appellant, and "XYZ Corporation," Undertenant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated March 5, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before July 6, 2012. Appellant is directed to deposit with the court below any and all arrears from January 1, 2012 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 shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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.
ENTER:
Paul Kenny
Chief Clerk