| New World Mall, LLC v New World Food Ct., Inc. |
| Motion No: 2014-02571 QC |
| Slip Opinion No: 2015 NY Slip Op 76941(U) |
| Decided on June 3, 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-Appellant, v New World Food Court, Inc., Appellant-Respondent, et al., Undertenants. |
Motions by respondent-appellant on an appeal and cross appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered October 6, 2014, to vacate a stay granted by decision and order on motion of this court dated December 29, 2014.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent-appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent-appellant's motions are denied on condition that appellant-respondent pay respondent-appellant the sum of $65,679.99, representing the unpaid half of January 2015 use and occupancy, and any and all arrears in rent and/or use and occupancy from June 1, 2015 at the rate of $131,359.97 per month within 10 days from the date of this decision and order on motion, and continue to pay respondent-appellant use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent-appellant may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk