| Balbo Realty LLC v Ramin Fashion Collections, Inc. |
| Motion No: 570786/16 |
| Slip Opinion No: 2016 NY Slip Op 93531(U) |
| Decided on December 6, 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. |
December 6, 2016
Balbo Realty LLC v Ramin Fashion Collections, Inc.
It is Ordered that the tenant-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted, on condition that tenant-appellant: 1) perfects its appeal by no later than the April 2017 term - the filing deadline for which is February 8, 2017; 2) pays the landlord-respondent the amount of $154,000.00 (representing use and occupancy arrears in the sum of $110,000, pursuant to the decision/order [Cannataro, J.], dated August 4, 2016, plus use and occupancy in the amount of $44,000.00, equaling $11,000.00 per month, from September, 2016 to December, 2016), on or before December 8, 2016, without prejudice; and 3) pays the landlord-respondent accruing use and occupancy in the amount of $11,000.00, on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice, for an order vacating the stay.
By: Lowe, III, P.J., Shulman, Gonzalez, J.J.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570786/16