| Clover 2 LLC v Space Hunters |
| Motion No: 570089/20 |
| Slip Opinion No: 2020 NY Slip Op 63343(U) |
| Decided on February 21, 2020 |
| 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. |
February 21, 2020
Clover 2 LLC v Space Hunters
It is Ordered that the motion of the respondent-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction is granted on condition that the respondent-appellant: (1) perfects its appeal by no later than the June 2020 term, the filing deadline for which is April 7, 2020; (2) continues to pay petitioner-respondent accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice; and (3) adheres to Article 2 of the Lease which provides that the premises are to be used as a real estate office and for no other purpose; as well as Article 46A of the Lease which prohibits use of the premises for sleeping or residential purposes or for overnight accommodations. In the event of respondent-appellant's 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. 570089/20