| MSMC Residential Realty, LLC v CP at Madison Ave., Inc |
| Motion No: 571021/13 |
| Slip Opinion No: 2013 NY Slip Op 94419(U) |
| Decided on December 17, 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. |
December 17, 2013
MSMC Residential Realty, LLC v CP at Madison Ave., Inc
It is Ordered that tenant-appellant's motion is granted on condition that tenant-appellant: 1-perfects its appeal by no later than the April 2014 term - the filing deadline is February 13, 2014; 2-pays to landlord past use and occupancy, if not already paid, for November to December 2013 in the aggregate amount of $30,000 on or before January 6, 2014; and 3-pays landlord accruing use and occupancy in the amount of $15,000 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.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 571021/13