| 23-02 31st St. Realty Corp. v Inner Circle Bar & Lounge, Inc. |
| Motion No: 2013-02203 qc |
| Slip Opinion No: 2013 NY Slip Op 95289(U) |
| Decided on December 23, 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 23-02 31st Street Realty Corp., Respondent, v Inner Circle Bar & Lounge, Inc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated July 10, 2013, and, in effect, for summary reversal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before March 7, 2014. Appellant is directed to pay to respondent the sum of $13,371.60 within 10 days of the date of this decision and order on motion and to continue to pay respondent use and occupancy at the rate of $6,681.80 per month as it becomes due from January 1, 2014; 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; and it is further,
ORDERED that the branch of the motion seeking, in effect, summary reversal is denied.
ENTER:
Paul Kenny
Chief Clerk