| CF E 86 LLC, SM E 86 LLC, et al. v Rosenberg, Rudolph |
| Motion No: 571200/15 |
| Slip Opinion No: 2016 NY Slip Op 76352(U) |
| Decided on June 10, 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. |
June 10, 2016
CF E 86 LLC, SM E 86 LLC, et al. v Rosenberg, Rudolph
It is Ordered that the respondent-appellant's motion is granted on condition that respondent-appellant: (1) perfect his appeal by no later than the November 2016 term - the filing deadline for which is September 13, 2016; (2) pays landlord use and occupancy arrears in the amount of $8,250.00, to the extent not already paid (representing use and occupancy arrears from April 2016 through June 2016 at $2,750.00 per month in the amount reserved in the most recent lease agreement), on or before June 24, 2016, without prejudice; and (3) pays the landlord accruing use and occupancy in the amount of $2,750.00 (the amount reserved in the most recent lease agreement), on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 571200/15