180 Madison Prisa II LLC v Pasargad Carpets of Isfahan, Inc.



180 Madison Prisa II LLC v Pasargad Carpets of Isfahan, Inc.
Motion No: 571100/12
Slip Opinion No: 2012 NY Slip Op 94054(U)
Decided on December 19, 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 19, 2012

180 Madison Prisa II LLC v Pasargad Carpets of Isfahan, Inc.

It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects its appeal by no later than the April 2013 term - the filing deadline is February 5, 2013; 2- pays to landlord the judgment amount of $174,206.21 on or before January 3, 2013; and 3- pays landlord accruing use and occupancy in the amount of $14,783.08 per month on or before each subsequent rental due date, without prejudice. In the event of tenant-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. 571100/12