| 1373 First Ave Assoc. LLC v 1373 !st Café Inc. |
| Motion No: 570767/17 |
| Slip Opinion No: 2017 NY Slip Op 96286(U) |
| Decided on December 21, 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 21, 2017
1373 First Ave Assoc. LLC v 1373 !st Café 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) perfect its appeal by no later than the April 2018 term - the filing deadline for which is February 6, 2018; 2) pay landlord the arrears, in the amount of $121,593.45 (representing use and occupancy at the rate of $11,053.95 per month, pursuant to the First Modification and Extension of Lease agreement, for the period of February 2017 through December 2017), on or before December 29, 2017, without prejudice; 3) pay landlord accruing use and occupancy, as specified by the First Modification and Extension of Lease agreement, at the rate of $11,053.95, 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. 570767/17