| RHC Operating, LLC v Zip It, Inc., d/b/a Workshop |
| Motion No: 570945/12 |
| Slip Opinion No: 2012 NY Slip Op 92508(U) |
| Decided on December 6, 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. |
December 6, 2012
RHC Operating, LLC v Zip It, Inc., d/b/a Workshop
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 March 2013 term - the filing deadline is January 9, 2012; 2- pays to landlord the judgment amount of $130,463.56, plus past use and occupancy for August to December 2012 in the aggregate amount of $79,000 on or before December 18, 2012; and 3- pays landlord accruing use and occupancy in the amount of $17,000 per month on or before each subsequent rental due date, 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: Lowe, III, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570945/12