| Henry Phipps Plaza S. Assoc., Ltd v Quijano, Judith et al |
| Motion No: 571049/12 |
| Slip Opinion No: 2013 NY Slip Op 62517(U) |
| Decided on January 24, 2013 |
| 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. |
January 24, 2013
Henry Phipps Plaza S. Assoc., Ltd v Quijano, Judith et al
It is Ordered that respondents-appellants' motion for a stay is granted on condition that appellants: 1- perfect their appeal by no later than the May 2013 term - the filing deadline is March 13, 2013; 2- pays to landlord past use and occupancy, if not already paid, for the period from August 2012 through January 2013 in the aggregate amount of $5,370 on or before February 5, 2013; and 3- pays landlord accruing use and occupancy in the amount of $895 per month on or before each subsequent rental due date, without prejudice. In the event of appellants' 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. 571049/12