| W & HM Realty Partners Co. LLC v Coco's Deli Inc. |
| Motion No: 570096/18 |
| Slip Opinion No: 2018 NY Slip Op 66119(U) |
| Decided on March 6, 2018 |
| 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. |
March 6, 2018
W & HM Realty Partners Co. LLC v Coco's Deli 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 June 2018 term - the filing deadline for which is April 10, 2018; 2) pay landlord the amount of $423,117.50, pursuant to Decision/Order (Sharpe, J.), dated January 5, 2018, without prejudice, on or before March 19, 2018; and 3) pay landlord accruing use and occupancy, as specified at the last lease rate, 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: Shulman, Ling-Cohan, Cooper, J.J.
Motion No. 570096/18