| L & M BK Lease LLC v K & S Gourmet Inc. |
| Motion No: 570730/17 |
| Slip Opinion No: 2017 NY Slip Op 94346(U) |
| Decided on December 5, 2017 |
| 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 5, 2017
L & M BK Lease LLC v K & S Gourmet Inc.
It is Ordered that the respondent-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted on condition that respondent-appellant: 1) perfects its appeal by no later than the April 2018 term - the filing deadline is February 6, 2018; 2) pays landlord the arrears specified as use and occupancy, pursuant to the parties Stipulation, dated March 10, 2017, in the amount of $49,361.56, on or before December 14, 2017, without prejudice; 3) pays landlord accruing use and occupancy, as specified in the parties Stipulation, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570730/17