Opinion
Motion No: 570231/16
06-14-2016
E & A Holdings, Inc. v. Jerome Ave. Car Wash & Lube, Inc.
It is Ordered that the motions of the petitioner-respondent and the respondent-appellant are consolidated for purposes of disposition.
It is further Ordered that the order of this court dated April 27, 2016, is hereby recalled and vacated.
It is further Ordered that the motion of the respondent-appellant seeking leave to renew and/or reargue and to continue the stay is granted on condition that respondent-appellant: (1) perfect its appeal by no later than the October 2016 term the filing deadline for which is August 9, 2016; (2) pays petitioner-respondent use and occupancy arrears in the amount of $15,216.36, representing use and occupancy arrears from the date of the Decision/Order of (Donald Miles, J.) March 9, 2016 through and including June 2016, to the extent not already paid, on or before June 27, 2016, without prejudice; and (3) pays petitioner-respondent accruing use and occupancy in the amount of $5,072.12 on or before each subsequent rental due date, without prejudice.
In the event of the respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent, may move on five days notice, for an order vacating the stay and dismissing the appeal.
All further applications are denied.
It is further Ordered that the motion of the petitioner-respondent seeking to vacate the stay and dismiss the appeal is denied.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.