| ATE KAYS 2 LLC v Forbes, Renee & Touzami, Adnane |
| Motion No: 570596/19 |
| Slip Opinion No: 2019 NY Slip Op 80468(U) |
| Decided on September 27, 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. |
September 27, 2019
ATE KAYS 2 LLC v Forbes, Renee & Touzami, Adnane
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the motion of the respondents-appellants is granted on condition that the respondents-appellants: (1) perfect their appeal by no later than the February 2020 term, the filing deadline for which is December 11, 2009; (2)pay petitioner-respondent the sum of $48,380.40, representing the use and occupancy ordered by the Civil Court ( James, J.); (3) also pay petitioner-respondent the sum of $8,517.69 which represents accrued use and occupancy from July 2019 through September 2019 at the rate of $2,839.23 per month, to the extent not already paid, without prejudice. The total sum of $56,898.7 shall be paid on or before October 14, 2019; and (4) pay petitioner-respondent accruing use and occupancy in the amount of $2,839.23 per month, on or before each subsequent rental due date, without prejudice.
In the event respondents-appellants fail to comply with the foregoing conditions, petitioner may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570596/19