| 5 Hanover Sq. (NY) Owner LLC v Eclectic Naturals Inc. |
| Motion No: 570869/15 |
| Slip Opinion No: 2015 NY Slip Op 85306(U) |
| Decided on September 22, 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. |
September 22, 2015
5 Hanover Sq. (NY) Owner LLC v Eclectic Naturals Inc.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that respondent-appellant's motion to stay the execution of the warrant of eviction is granted on condition that respondent-appellant: (1) perfects its appeal by no later than the January 2016 term the filing deadline for which is November 10, 2015; (2) pays to the petitioner-respondent use and occupancy arrears, if not already paid, for the months of July, August, and September 2015 in the total amount of $ 95,407.92 on or before September 30, 2015; and (3) pays petitioner-respondent accruing use and occupancy in the amount of $ 31,802.64 per month, on or before each subsequent rental due date, 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.
It is further Ordered that respondent-appellant's motion to stay the enforcement of the remaining portion of the money judgment is denied, without prejudice to appellant's right to seek appropriate relief in the Civil Court pursuant to CPLR § 5519(a)(2).
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570869/15