| EQR - Riverside, LLC v Cleo Riverside Inc., d/b/a Cleo Spa |
| Motion No: 570613/13 |
| Slip Opinion No: 2013 NY Slip Op 84365(U) |
| Decided on September 5, 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. |
September 5, 2013
EQR - Riverside, LLC v Cleo Riverside Inc., d/b/a Cleo Spa
It is Ordered that tenant-appellant's motion is granted on condition that tenant-appellant:1- perfects its appeal by no later than the December 2013 term - the filing deadline is October 9, 2013; 2- pays to landlord use and occupancy arrears, if not already paid, for the months of March 2013 to September 2013
in the amount of $136,453.08, on or before September 23, 2013; and 3- pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement, 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.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570613/13