Ross Realty v. KBS Tires, LLC

Full title: Ross Realty, Respondent, v. KBS Tires, LLC, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: May 2, 2017

2017 N.Y. Slip Op. 73326 (N.Y. App. Term 2017)

Opinion

2002-16/IS 2017-513 S C

05-02-2017

Ross Realty, Respondent, v. KBS Tires, LLC, Appellant.

ANTHONY MARANO, P.J.

JERRY GARGUILO

JAMES V. BRANDS, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fifth District, entered March 9, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted on condition that the appeal be perfected on or before August 4, 2017. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk