| C & A 483 Broadway, LLC v KLMNI, Inc. |
| Motion No: 570548/12C & |
| Slip Opinion No: 2013 NY Slip Op 73683(U) |
| Decided on May 14, 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. |
May 14, 2013
C & A 483 Broadway, LLC v KLMNI, Inc.
It is Ordered that appellant's motion for a stay of enforcement of the final judgment is granted on condition that appellant: 1- perfects its appeal by no later than the September 2013 term - the filing deadline is July 9, 2013; 2- pays accruing use and occupancy to the landlord in the amount of $83,556.54 on each subsequent rental due date, without prejudice; and 3- files an undertaking in Civil Court in the sum of one million dollars on or before June 3, 2013. In the event of appellant's failure to comply with the foregoing conditions, respondent may move, on five days' notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570548/12