| Hdh, LLC v New York Mart Group |
| Motion No: 2019-00439 QC |
| Slip Opinion No: 2019 NY Slip Op 69116(U) |
| Decided on April 18, 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
| HDH, LLC, Respondent, v New York Mart Group, Appellant, et al., Undertenant. |
Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered September 28, 2018, to modify the terms of a stay granted in an order of that court dated December 31, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is granted to the extent of modifying the terms of the stay granted in the Civil Court's order dated December 31, 2018 to provide that the stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before June 7, 2019, and on the further condition that appellant pay to respondent any and all arrears in rent and/or use and occupancy from the date of the final judgment 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 that any of the above conditions are not met, this court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk