| New World Mall, LLC v New World Food Ct., Inc. |
| Motion No: 2014-02571 QC |
| Slip Opinion No: 2014 NY Slip Op 94357(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, LLC, Respondent, v New World Food Court, Inc., Appellant, et al., Undertenants.. |
Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered October 6, 2014, to modify, pursuant to CPLR 5519 (c), a CPLR 5519 (a) stay granted pursuant to an order of the same court dated October 23, 2014, which set an undertaking.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the stay is modified to provide that it is conditioned on the appeal being perfected on or before March 6, 2015, and upon appellant's depositing with the court below the sum of $285,548.50 and paying to respondent any and all arrears in rent and/or use and occupancy from November 1, 2014 at the rate of $131,359.97 per month within 10 days from the date of this decision and order on motion and continuing 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, this 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