| Allerton Ave. Assoc. LLC v NTR Corp. |
| Motion No: 570316/16 |
| Slip Opinion No: 2016 NY Slip Op 77366(U) |
| Decided on June 21, 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 21, 2016
Allerton Ave. Assoc. LLC v NTR Corp.
It is Ordered that the landlords-respondents' motion to vacate the stay is granted, unless 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 in the amount of $90,301.71, representing use and occupancy arrears pursuant to the so-ordered stipulation dated October 27, 2015 and pays landlord the sum of $46,175.00 (representing the use and occupancy arrears from February 2016 through June 2016 at $9,235.00 per month), on or before June 30, 2016, without prejudice; and (3) pays the landlord accruing use and occupancy in the amount of $9,235.00 on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlords-respondents may move on five days' notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570316/16