| Vlissengen Props., LLC v Expo Home Ctr. Usa, Inc. |
| Motion No: 2012-00732 qc |
| Slip Opinion No: 2012 NY Slip Op 92051(U) |
| Decided on November 23, 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Vlissengen Properties, LLC, Respondent, v Expo Home Center USA, Inc., Appellant, and Yue Po Metals, Inc.,Tenant, et al., Undertenants. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated February 2, 2012, to vacate a stay granted by decision and order of this court dated May 1, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that appellant continue to pay respondent use and occupancy at the rate of $23,332.63 per month as it becomes due; and it is further,
ORDERED that in the event that the above condition is 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