| 88 Third Ave., LLC v King St. Constr., LLC |
| Motion No: 570232/15 |
| Slip Opinion No: 2015 NY Slip Op 66618(U) |
| Decided on March 11, 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. |
March 11, 2015
88 Third Ave., LLC v King St. Constr., LLC
It is Ordered that tenant-appellant's motion is granted on condition that tenant-appellant: 1- perfects its appeal by no later than the September 2015 term - the filing deadline is July 15, 2015; 2- pays landlord the sum of $21,000, representing use and occupancy arrears that accrued subsequent to the commencement of this action for November 2014, January 2015, February 2015 and March 2015, on or before March 25, 2015, without prejudice, and 3- pays landlord accruing use and occupancy in the amount of $5,250 per month by the first day of each month, 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, Shulman, Ling-Cohan, J.J.
Motion No. 570232/15