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Appellate Term,First Department: July 14, 2022

Orders on motion were filed and entered on:July 14, 2022

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By: Edmead, P.J., Hagler, Tisch, J.J. 570173/22` West 69th LLC v. SDS Dining Corp. d/b/a Sapphire Restaurant It is Ordered that the motion of the respondent-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfect their appeal by no later than the November 2022 term, the filing deadline for which is September 13, 2022; (2) posts an undertaking in the Civil Court in the amount of $590,972 .50 to secure the judgment amount of $350,972.50 plus accrued use and occupancy in the amount of $240,000.00 which represents use and occupancy for the period from February 2022 through July 2022 at the rate of $40,000.00 per month, on or before July 28, 2022; and (3) pay accruing use and occupancy to the petitioner-landlord in the amount of $40,000.00 on or before each subsequent rental due date, without prejudice. In the event respondent-appellant fails to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.

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