Opinion
Motion No. 570075/23
04-14-2023
3801 Equity Co., LLC v. Emma Bar & Grill Corp.
Unpublished Opinion
MOTION DECISION
By: Hagler, P.J., Tisch, James, J.J.
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 and occupancy 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.