Opinion
Motion No. 570321/22
10-12-2022
Tribeca Green LLC v. Flavor Works, Inc.
Unpublished Opinion
MOTION DECISION
By: Edmead, P,J., Hagler, Tisch, J.J.
It is Ordered that the motion of the respondents-appellants is granted on condition that (1) the respondents-appellants perfect their appeal for the February 2023 Term of this Court, the filing deadline for which is December 13, 2022; (2) that a bond in the amount of $498,314.96 (the amount agreed to by the parties per the stipulation of settlement dated August 1, 2022 plus use and occupancy for September and October 2022, at the rate of $13,427.50 per month), be posted by or on behalf of the tenant, respondent, Flavor Works, Inc., on or before October 21, 2022; and (3) that ongoing use and occupancy in the amount of $13,427.50 per month be paid by tenant or respondents-appellants on or before the rental due date.
In the event of noncompliance with the foregoing conditions, the petitioner-landlord may move, on five days notice, for an order vacating the stay.