| Metropolitan Transp. Auth. v Grand Cent. Zocala, LLC. |
| Motion No: 570861/12 |
| Slip Opinion No: 2012 NY Slip Op 88080(U) |
| Decided on October 22, 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. |
October 22, 2012
Metropolitan Transp. Auth. v Grand Cent. Zocala, LLC.
It is Ordered that appellant's motion for a stay is granted on condition that appellant: 1- perfects its appeal by no later than the February 2013 term - the filing deadline is December 12, 2012; 2- pays to landlord $283,874.88 pursuant to the so-ordered stipulation dated August 23, 2012, on or before November 9, 2012; and 3- pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, starting from September 2012, without prejudice. In the event of appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570861/12