| 133 Plus 24 Sanford Ave. Realty Corp. v Xiu Lan Ni, Etc. |
| Motion No: 2016-01666 QC |
| Slip Opinion No: 2016 NY Slip Op 89933(U) |
| Decided on October 17, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 133 Plus 24 Sanford Avenue Realty Corp., Respondent, v Xiu Lan Ni, etc., Appellants, et al., Undertenants. |
Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered February 11, 2016. Cross motion by respondent for an order directing appellants to pay use and occupancy at the monthly rate of $40,000, legal fees, and costs.
Upon the papers filed in support of appellants' motion and respondent's 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 December 2, 2016. Appellants are directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate of $3,390.47 within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy 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