| Wan Hao Restaurant, Inc. v New World Mall, LLC |
| Motion No: 2021-01301 |
| Slip Opinion No: 2021 NY Slip Op 64021(U) |
| Decided on March 31, 2021 |
| Appellate Division, 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 Division: Second Judicial Department
M276383
E/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2021-01301 Wan Hao Restaurant, Inc., appellant, v New World Mall, LLC, respondent. (Index No. 701454/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, entered February 16, 2021. Motion by the appellant to stay enforcement of the order and to stay the respondent, or anyone acting on its behalf, from taking any actions to interfere with the appellant's rights to the subject premises or to terminate the subject lease, including the commencement of summary proceedings, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of the order is stayed and the respondent, or anyone acting on its behalf, is stayed from taking any actions to interfere with the appellant's rights to the subject premises or to terminate the subject lease, including the commencement of summary proceedings, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 28, 2021, and that the appellant pay use and occupancy to the respondent in a sum fixed by the Supreme Court, Queens County; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Queens County, to fix the amount of monthly use and occupancy for the subject premises in accordance herewith; the appellant shall pay to the respondent monthly use and occupancy, in the amount fixed by the Supreme Court, Queens County, on or before the first of each month following service upon the appellant's counsel of a copy of the order of the Supreme Court, Queens County, fixing the amount thereof; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 28, 2021, or the appellant fails to pay use and occupancy as directed above, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
MASTRO, A.P.J., RIVERA, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court