Opinion
Motion No. 570246/24
11-08-2024
IGT-City's Prop. Dev. LLC v. Ben Moses Jewelry Designer Co. Inc.
Unpublished Opinion
MOTION DECISION
Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion of the respondent-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant:
(1) perfect their appeal by no later than the March 2025 term, the filing deadline for which is January 7, 2025; (2) posts an undertaking in the Civil Court in the amount of $79,380.00 to secure the judgment amount of $36,750.00 plus accrued use and occupancy at the rate of $8,820.00 per month, in the amount of $42,630.00 through October 2024, on or before November 15, 2024; and (3) pay accruing use and occupancy to the petitioner-respondent in the amount of $8,820.00 per the decision and order (Marcus, J.) dated July 2, 2024, on or before each subsequent rental due date, without prejudice.
In the event the respondent-appellant fails to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.