| 82-90 Broadway Realty Corp. v New York Supermarket, Inc. |
| Motion No: 2012-00692 qc |
| Slip Opinion No: 2012 NY Slip Op 75393(U) |
| Decided on May 30, 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| 82-90 Broadway Realty Corp., Respondent, v New York Supermarket, Inc., Appellant and "XYZ Corporation," Undertenant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated March 5, 2012, to vacate a stay granted by decision and order of this court dated May 1, 2012, and for the release of funds on deposit.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the stay contained in the decision and order of this court dated May 1, 2012 is granted; and it is further,
ORDERED that the branch of the motion seeking the release of funds on deposit is granted and the New York City Department of Finance is directed to release the funds on deposit in this matter, less any lawful fees, to respondent 82-90 Broadway Realty Corp.
ENTER:
Paul Kenny
Chief Clerk