| Sandeep Enters. Corp. v Ruby Enters. of N. Y., Inc. Doing Bus. As Punjabi Palace |
| Motion No: 2015-00894 QC |
| Slip Opinion No: 2015 NY Slip Op 79227(U) |
| Decided on July 13, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Sandeep Enterprises Corp., Respondent, v Ruby Enterprises of New York, Inc. Doing Business as Punjabi Palace, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 13, 2015, deemed from a final judgment of the same court entered March 13, 2015 (see CPLR 5512 [a]), to stay enforcement of the final judgment pending the determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected by October 2, 2015, and on the further condition that within 10 days of the date of this decision and order on motion appellant deposit with the court below the sum of $139,313.20 plus any and all arrears in use and occupancy at the rate previously payable as rent from April 1, 2015 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 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