92 FHB, LLC v. Bank

Full title: 92 FHB, LLC, Respondent, v. Barry Bank, Appellant, et al., Undertenants.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jul 13, 2015

2015 N.Y. Slip Op. 79224 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-00699 NC

07-13-2015

92 FHB, LLC, Respondent, v. Barry Bank, Appellant, et al., Undertenants.

BRUCE E. TOLBERT, J.P.

ANTHONY MARANO

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered April 17, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted on condition that the appeal be perfected on or before October 2, 2015. Appellant is directed to pay to respondent $12,000 within 30 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at the rate previously payable as rent as it becomes due; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk