515 Seventh Ave Rlty v Portmarnock Rest. Corp



515 Seventh Ave Rlty v Portmarnock Rest. Corp
Motion No: 571033/14
Slip Opinion No: 2015 NY Slip Op 62415(U)
Decided on January 28, 2015
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.



January 28, 2015

515 Seventh Ave Rlty v Portmarnock Rest. Corp

It is Ordered that tenant-appellant's motion is granted on condition that tenant-appellant: 1- perfects its appeal by no later than the May 2015 term - the filing deadline is March 10, 2015; 2 - pays landlord the sum of $200,000,as referenced in Civil Court's December 9, 2014 order being appealed, on or before February 9, 2015, without prejudice; 3- pays landlord $33,333.33, representing the use and occupancy for January 2015 on or before February 9, 2015, without prejudice, and 4- pays landlord accruing use and occupancy in the amount of $33,333.33on 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.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 571033/14