Opinion
Motion No: 570399/16
08-18-2016
Noah Trading Co., Inc. v. Bell, Laura
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that the motion of the petitioner-respondent for an order vacating this court's interim stay is denied.
It is further Ordered that the motion of the respondent-appellant for an enlargement of time to perfect her appeal is granted on condition that respondent-appellant: (1) perfects her appeal by no later than the December 2016 term the filing deadline for which is October 11, 2016; and (2) continues to pay petitioner-landlord accruing use and occupancy in the amount of $6,500 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.