| 510 Morgan LLC v Esther Hart |
| Motion No: 2006-00529 kc |
| Slip Opinion No: 2006 NYSlipOp 74764(U) |
| Decided on July 28, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| 510 MORGAN LLC, Respondent, -against- ESTHER HART, Appellant. |
DECISION
On the court's own motion, motion by landlord-respondent returnable May 23, 2006, and motion by tenant-appellant returnable June 2, 2006, are hereby consolidated.
Motion by landlord-respondent, in essence, to vacate the stay is denied.
Motion by tenant-appellant to modify the stay is granted to the extent that tenant is directed to deposit in the court below any and all arrears in rent and/or use and occupancy from April 1, 2006, at the rate of $395.71 per month within 10 days from the date of this order and to continue to make such deposits at a like rate as they become due. Upon failure of tenant to make a required deposit, landlord may move upon 3 days' notice to vacate the stay. Tenant shall comply with all the other conditions contained in the order of this court dated May 3, 2006.