Rui Qin Chen and AA Ichiban Inc. v 213 West 28 LLC .

Motion No: M-731

Slip Opinion No: 2017 NYSlipOp 66437(U)

Decided on March 7, 2017

Appellate Division, 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.

March 7, 2017

Rui Qin Chen and AA Ichiban, Inc.,

Plaintiffs-Appellants,

v

213 West 28 LLC,

Defendant-Respondent.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about July 19, 2016, And an order of this Court having been entered on

September 15, 2016 (M-3722) granting plaintiffs-appellants a preliminary appellate injunction, enjoining defendant-respondent from terminating the commercial lease in question, pending hearing and determination of the aforesaid appeal, And defendant-respondent having moved for an order vacating the stay granted by the September 15, 2016 order (M-3722), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the stay unless, within 15 days of the entry of this order, plaintiffs-appellants pay the present arrears to defendant's counsel to be held in escrow pending hearing and determination of the appeal, and on condition that plaintiffs-appellants remain current with the rent/use and occupancy provided in the lease by delivering each month's payment to

defendant-respondent's counsel, to be held in escrow pending the determination of the appeal. ENTERED: March 7, 2017 _______________________ CLERK

PRESENT - Hon: Karla Moskowitz, Justice Presiding, Paul G. Feinman Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices

M-731

Index No. 152958/16