| Krissa Corp. v Richmond Emporium, Inc. & Tony's Pizzeria |
| Motion No: 2018-02184 KC |
| Slip Opinion No: 2019 NY Slip Op 61550(U) |
| Decided on January 15, 2019 |
| 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Krissa Corp., Respondent, v Richmond Emporium, Inc. and Tony's Pizzeria, Appellants, et al., Undertenants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Richmond County, entered July 5, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition the appeal be perfected by April 5, 2019 and on the further condition that appellants deposit into the Civil Court the sum of $156,198.36 or an undertaking with corporate surety in that sum and pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event appellants do not comply with the above conditions, 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