| Jy Little Neck Corp. v Mk Intl. of Ny, Inc. |
| Motion No: 2014-00867 QC |
| Slip Opinion No: 2014 NY Slip Op 79131(U) |
| Decided on July 11, 2014 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| JY Little Neck Corp., Respondent, v MK International of NY, Inc., Appellant, et al., Undertenants. |
Motion by appellant on appeals from a final judgment of the Civil Court of the City of New York, entered February 20, 2014, and an order of the same court entered April 9, 2014, to modify a stay granted by the same court by order dated May 2, 2014, and for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent of staying all proceedings to enforce the final judgment pending the determination of the appeal on condition that the appeal be perfected on or before October 3, 2014. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; 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 remainder of appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk