| C & A 483 Broadway, LLC v KLMNI, Inc. |
| Motion No: 570548/12 |
| Slip Opinion No: 2015 NY Slip Op 85837(U) |
| Decided on September 29, 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 29, 2015
C & A 483 Broadway, LLC v KLMNI, Inc.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the motion of landlord-respondent to vacate the stay of the warrant of eviction is granted unless tenant-appellant: 1) pays landlord use and occupancy in the amount of $96,444.15 per month retroactive to May 2015;and 2) increases the undertaking to $620,000, without prejudice. The retroactive use and occupancy shall be paid and the increased undertaking furnished within five (5) days after service of a copy of this order. 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 cross motion to modify the order of this Court entered August 20, 2015 and for other relief is denied.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570548/12