| Nyc Media Iii, LLC v M & I Pushcart Corp. & Helmy M. Lotfy |
| Motion No: 2016-00817 QC |
| Slip Opinion No: 2016 NY Slip Op 76784(U) |
| Decided on June 7, 2016 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| NYC Media III, LLC, Respondent, v M & I Pushcart Corp. and Helmy M. Lotfy, Appellants, et al., Undertenants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 1, 2016. Cross motion by respondent for an order directing appellants to pay use and occupancy pending the determination of the appeal, and water usage, sprinkler inspections, and late fees, and to deposit the sum of $20,192.32.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that appellants' motion is granted on condition that the appeal be perfected on or before September 2, 2016, and upon the further condition that within 10 days from the date of this decision and order on motion appellants deposit with the court below the sum of $29,773.10 and pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and additional rent pursuant to the lease, less the amounts deposited, and continue to pay use and occupancy to respondent at a like rate as it becomes due; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk