Balbo Realty LLC v. Ramin Fashion Collections, Inc.

Full title: Balbo Realty LLC v. Ramin Fashion Collections, Inc.

Court: Supreme Court, Appellate Term, First Department

Date published: Dec 6, 2016

2016 N.Y. Slip Op. 93531 (N.Y. App. Term 2016)

Opinion

Motion No: 570786/16

12-06-2016

Balbo Realty LLC v. Ramin Fashion Collections, Inc.

Lowe, III, P.J., Shulman, Gonzalez, J.J. Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

It is Ordered that the tenant-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted, on condition that tenant-appellant: 1) perfects its appeal by no later than the April 2017 term - the filing deadline for which is February 8, 2017; 2) pays the landlord-respondent the amount of $154,000.00 (representing use and occupancy arrears in the sum of $110,000, pursuant to the decision/order [Cannataro, J.], dated August 4, 2016, plus use and occupancy in the amount of $44,000.00, equaling $11,000.00 per month, from September, 2016 to December, 2016), on or before December 8, 2016, without prejudice; and 3) pays the landlord-respondent accruing use and occupancy in the amount of $11,000.00, 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.

By: Lowe, III, P.J., Shulman, Gonzalez, J.J.

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