| West 69th LLC v SDS Dining Corp. d/b/a Sapphire Rest. |
| Motion No: 570173/22` |
| Slip Opinion No: 2022 NY Slip Op 68659(U) |
| Decided on July 14, 2022 |
| 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. |
July 14, 2022
West 69th LLC v SDS Dining Corp. d/b/a Sapphire Rest.
It is Ordered that the motion of the respondent-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-
appellant: (1) perfect their appeal by no later than the November 2022 term, the filing deadline for which is September 13, 2022; (2) posts an undertaking in the Civil Court in the amount of $590,972.50 to secure the judgment amount of $350,972.50 plus accrued use and occupancy in the amount of $240,000.00 which represents use and occupancy for the period from February 2022 through July 2022 at the rate of $40,000.00 per month, on or before July 28, 2022; and (3) pay accruing use and occupancy to the petitioner-landlord in the amount of $40,000.00 on or before each subsequent rental due date, without prejudice.
In the event respondent-appellant fails to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Edmead, P.J., Hagler, Tisch, J.J.
Motion No. 570173/22`