25 Irving Place, LLC v City Cars Metro., Ltd., Et Al.
Motion No: 2019-01679 WC
Slip Opinion No: 2020 NY Slip Op 72579(U)
Decided on September 17, 2020
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

JERRY GARGUILO

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

2019-1679 W C
25 Irving Place, LLC, Respondent, v City Cars Metropolitan, Ltd., et al., Appellant.

Motion by respondent on an appeal from an order of the City Court of White Plains, Westchester County, entered September 26, 2019, to vacate a stay granted by decision and order on motion of this court dated February 7, 2020.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on condition that the appeal be perfected by November 6, 2020 and upon the further condition that within 14 days of the date of this decision and order on motion appellants pay respondent any and all arrears in use and occupancy at the rate of $9,000 per month, 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, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk