| Cadman Towers, Inc. v Dana Kaplan & Zachary Davidson |
| Motion No: 2015-00467 KC |
| Slip Opinion No: 2015 NY Slip Op 72636(U) |
| Decided on April 30, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Cadman Towers, Inc., Respondent, v Dana Kaplan and Zachary Davidson, Appellants et al., Undertenants. |
Motion by appellants, by order to show cause, for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2015. Cross motion by respondent to vacate the temporary stay contained in the order to show cause.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that appellants' motion is granted on condition that the appeal be perfected on or before July 10, 2015. Appellants are directed to pay to respondent any and all arrears in rent and/or use and occupancy, less the sum of $13,000 appellants have deposited, at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to 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; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk