Opinion
Motion No. 570487/23
05-31-2023
3210 101 Warren St. LLC v. Ichioka, William
Unpublished Opinion
MOTION DECISION
Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is Ordered that the cross-motion of the petitioner-respondent is denied.
It is further Ordered that the motion of the respondent-appellant to stay enforcement of the final judgment and warrant is granted on condition that the respondent-appellant (1) perfects his appeal by no later than the October 2023 term, the filing deadline for which is August 8, 2023; (2)post an undertaking in Civil Court the amount of $250,000.00, on or before June 9, 2023; (3) pay June use and occupancy to landlord in the amount of $50,000, on or before June 9, 2023, and (4)pay accruing use and occupancy to the landlord, in the amount of $50,000.00 per month, 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.