| Bronx-1241, Inc. v Jerome Ave Car Wash & Lube, Inc. |
| Motion No: 570230/16 |
| Slip Opinion No: 2016 NY Slip Op 72041(U) |
| Decided on April 27, 2016 |
| 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. |
April 27, 2016
Bronx-1241, Inc. v Jerome Ave Car Wash & Lube, Inc.
It is Ordered that the motion of the tenant-appellant is granted on condition that tenant-appellant: (1) perfect its appeal by no later than the October 2016 term the filing deadline for which is August 9, 2016; (2) pays landlord use and occupancy arrears in the amount of $271,197.68, representing use and occupancy arrears from the date of the petition through and including April 2016, on or before May 13, 2016; (3) pays the landlord accruing use and occupancy in the amount of $11,486.86 on or before each subsequent 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 and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570230/16