| Barmil Realty Assoc. LLC v Valdo, Archie d/b/a Gypsy Tea Room |
| Motion No: 570889/15 |
| Slip Opinion No: 2015 NY Slip Op 85307(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
Barmil Realty Assoc. LLC v Valdo, Archie d/b/a Gypsy Tea Room
It is Ordered that the tenant-appellant's motion for a stay is granted on condition that the tenant-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 landlord-respondent use and occupancy arrears, if not already paid, for the month of September 2015 in the total amount of $2,462.49, on or before September 30, 2015, without prejudice, and 3) pays landlord-respondent accruing use and occupancy in the amount of $2,462.49 per month on or before each rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days notice for an order vacating the stay.
It is further Ordered that tenant-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. 570889/15