| 3801 Equity Co., LLC v Emma Bar & Grill Corp. |
| Motion No: 570075/23 |
| Slip Opinion No: 2023 NY Slip Op 65109(U) |
| Decided on April 14, 2023 |
| 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. |
April 14, 2023
3801 Equity Co., LLC v Emma Bar & Grill Corp.
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 September 2023 term, the filing deadline for which is July 11, 2023; (2) posts an undertaking in the Civil Court, on or before April 18, 2023, in the amount of $138,095.28, to secure the judgment amount of $39,199.00, plus accrued use andoccupancy from October 2022 through April 2023 in the amount of $98,896.28; and (3) pay currently accruing use and occupancy to the petitioner-landlord in the amount of $14,128.04 on or before each subsequent rental due date, without prejudice. SEE ORDER.
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570075/23