| 88 Third Realty LLC v King St. Constr. LLC |
| Motion No: 570232/15 |
| Slip Opinion No: 2015 NY Slip Op 69838(U) |
| Decided on April 9, 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. |
April 9, 2015
88 Third Realty LLC v King St. Constr. LLC
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that the motion of the petitioner-respondent is denied. The cross-motion of the respondent-appellant is granted on the condition that respondent-appellant (1) pay the landlord the sum of $26,250, representing use and occupancy arrears that accrued subsequent to the commencement of this action for November 2014, January 2015, February 2015, March 2015, and April 2015, on or before April 15, 2015, without prejudice; (2) perfect its appeal by no later than the September 2015 term the filing deadline for which is July 15, 2015; and (3) pay 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 respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570232/15