| 140-154 W 72 Realty LLC v Abzumi Sushi Inc., et al. |
| Motion No: 570094/19 |
| Slip Opinion No: 2019 NY Slip Op 64639(U) |
| Decided on March 5, 2019 |
| 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 5, 2019
140-154 W 72 Realty LLC v Abzumi Sushi Inc., et al.
It is Ordered that the respondents-appellants' motion seeking to stay the enforcement of the final judgment and warrant of eviction pending the determination of the appeal is granted on condition that the respondents-
appellants: 1) perfect the appeal by no later than the September 2019 term - the filing deadline for which is July 10, 2019; 2) pay the petitioner-respondent arrears in the amount of $67,485.00 (pursuant to Civil Court, County of New York decision/order, dated January 8, 2019), to the extent not already paid, on or before March 18, 2019, without prejudice; and 3) pay the petitioner-respondent accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each rental due date, without prejudice. In the event of respondents-appellants' failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570094/19