- Appellate Term, First Judicial Department
- Jan 24 2013 (Date Decided)
- : Lowe, III, P.J., Schoenfeld, Shulman, J.J.
HENRY PHIPPS PLAZA SOUTH ASSOCIATES, LTD v. QUIJANO, JUDITH ET AL — It is Ordered that respondents-appellants' motion for a stay is granted on condition that appellants: 1-perfect their appeal by no later than the May 2013 term-the filing deadline is March 13, 2013; 2-pays to landlord past use and occupancy, if not already paid, for the period from August 2012 through January 2013 in the aggregate amount of $5,370 on or before February 5, 2013; and 3-pays landlord accruing use and occupancy in the amount of $895 per month on or before each subsequent rental due date, without prejudice. In the event of appellants' failure to comply with the foregoing conditions, landlordrespondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.