| Humberto Gonzalez v Tabu Lounge Bar Corp. |
| Motion No: 2013-02035 qc |
| Slip Opinion No: 2013 NY Slip Op 94400(U) |
| Decided on December 16, 2013 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Humberto Gonzalez, Respondent, v Tabu Lounge Bar Corp., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 9, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that within 10 days from the date of this decision and order appellant deposit with the court below any and all arrears in rent and/or use and occupancy as specified in its lease less the sum of $5,000 already deposited and continue to deposit into court use and occupancy at the same rate as it becomes due and upon the further condition that the appeal be perfected by March 7, 2014. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk