• Appellate Term, First Judicial Department
  • 180
  • Dec 19 2012 (Date Decided)
  • By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
180 MADISON PRISA II LLC v. PASARGAD CARPETS OF ISFAHAN, INC — It is Ordered that tenantappellant's motion for a stay is granted on condition that tenant-appellant: 1-perfects its appeal by no later than the April 2013 term-the filing deadline is February 5, 2013; 2-pays to landlord the judgment amount of $174,206.21 on or before January 3, 2013; and 3-pays landlord accruing use and occupancy in the amount of $14,783.08 per month on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.