Sandeep Enters. Corp. v. Ruby Enters. of N.Y., Inc.

Full title: Sandeep Enterprises Corp., Respondent, v. Ruby Enterprises of New York…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jul 13, 2015

2015 N.Y. Slip Op. 79227 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-00894 QC

07-13-2015

Sandeep Enterprises Corp., Respondent, v. Ruby Enterprises of New York, Inc. Doing Business as Punjabi Palace, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 13, 2015, deemed from a final judgment of the same court entered March 13, 2015 (see CPLR 5512 [a]), to stay enforcement of the final judgment pending the determination of the appeal.

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 by October 2, 2015, and on the further condition that within 10 days of the date of this decision and order on motion appellant deposit with the court below the sum of $139,313.20 plus any and all arrears in use and occupancy at the rate previously payable as rent from April 1, 2015 and 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 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