E & a Holdings, Inc. v. Jerome Ave Car Wash & Lube, Inc.

Full title: E & A Holdings, Inc. v. Jerome Ave Car Wash & Lube, Inc.

Court: Supreme Court, Appellate Term, First Department

Date published: Apr 27, 2016

2016 N.Y. Slip Op. 72040 (N.Y. App. Term 2016)

2016 N.Y. Slip Op. 72039

Opinion

Motion No: 570232/16

04-27-2016

E & A Holdings, Inc. v. Jerome Ave Car Wash & Lube, Inc.

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

It is Ordered that the motion of the tenant-appellant 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 $271,197.68, representing use and occupancy arrears from the date of the petition through and including April 2016, on or before May 13, 2016; (3) pays the landlord accruing use and occupancy in the amount of $11,486.86 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 and dismissing the appeal.

By: