| New World Mall, LLC v J Mart Group, Inc. |
| Motion No: 2014-02765 QC |
| Slip Opinion No: 2015 NY Slip Op 65210(U) |
| Decided on February 11, 2015 |
| 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 J Mart Group, Inc., Appellant, et al., Undertenants. |
Motion by appellant pursuant to CPLR 5519 (c) to modify the terms of an automatic stay of enforcement of a final judgment of the Civil Court of the City of New York, Queens County, entered October 28, 2014, obtained pursuant to CPLR 5519 (a) (6), pending the hearing and determination of an appeal from the final judgment.
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 all proceedings to enforce the final judgment are stayed pending the determination of the appeal on condition that the appeal be perfected on or before May 1, 2015 and on the further condition that appellant pay to respondent any and all arrears in rent and/or use and occupancy from January 1, 2015 at the rate of $231,000 per month within 10 days from the date of this decision and order on motion and 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