| Kohl's Dept. Stores, Inc. v 5 Star Holdings Ny, LLC |
| Motion No: 2018-01620 NC |
| Slip Opinion No: 2018 NY Slip Op 84516(U) |
| Decided on September 20, 2018 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Kohl's Department Stores, Inc., Respondent, v 5 Star Holdings NY, LLC, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Nassau County, First District, entered June 1, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before December 3, 2018, and upon the further condition that within 15 days from the date of this decision and order on motion appellant pay respondent the sum of $200,000 and any and all arrears in rent and/or use and occupancy from June 1, 2018 at the rate previously payable as rent, and continue to pay use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk