| New World Mall, Inc. v New World Garage, Inc. |
| Motion No: 2014-02567 QC |
| Slip Opinion No: 2014 NY Slip Op 94356(U) |
| Decided on December 29, 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
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| New World Mall, Inc., Respondent, v New World Garage, Inc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered October 6, 2014, and from a decision of the same court dated July 29, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is taken from the decision dated July 29, 2014 is dismissed, as no appeal lies from a decision (see CCA 1702); and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before March 6, 2015. 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, including additional rent, less the sum deposited with the court below, 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.
ENTER:
Paul Kenny
Chief Clerk