| 4321 Broadway Residences LLC v Carnival Latin Bistro Inc. |
| Motion No: 570832/14 |
| Slip Opinion No: 2014 NY Slip Op 90705(U) |
| Decided on November 21, 2014 |
| 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. |
November 21, 2014
4321 Broadway Residences LLC v Carnival Latin Bistro Inc.
It is Ordered that tenant-appellant's motion is granted only to the extent of staying the re-letting of the subject premises and the removal of tenant's property on condition that tenant-appellant: 1- perfects its appeal by no later than the March 2015 term - the filing deadline is January 7, 2015; 2- pays landlord $21, 090.00, representing use and occupancy for October 2014 and November 2014, on or before December 3, 2014, without prejudice, and 3- pays landlord accruing use and occupancy in the amount of $10,545.00 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 and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570832/14