Allerton Ave. Assoc. LLC v. NTR Corp.

Full title: Allerton Ave. Assoc. LLC et al. v. NTR Corp.

Court: Supreme Court, Appellate Term, First Department

Date published: May 19, 2016

2016 N.Y. Slip Op. 74175 (N.Y. App. Term 2016)

Opinion

Motion No: 570316/16

05-19-2016

Allerton Ave. Assoc. LLC et al. v. NTR Corp.

Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

It is Ordered that the tenant-appellant's motion is granted on condition that tenant-appellant: (1) perfect its appeal by no later than the October 2016 term - the filing deadline for which is August 9, 2016; (2) pays landlord use and occupancy arrears in the amount of $90,301.71, representing use and occupancy arrears pursuant to the so-ordered stipulation dated October 27, 2015 and pays landlord the sum of $64,645.00 (representing the use and occupancy arrears from November 2015 through May 2016 at $9,235.00 per month), on or before June 3, 2016, without prejudice; and (3) pays the landlord accruing use and occupancy in the amount of $9,235.00 on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice, for an order vacating the stay.

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