| Robjay Lease Corp. v Albert & Marilyn Spencer |
| Motion No: 2006-01161 QC |
| Slip Opinion No: 2006 NYSlipOp 75352(U) |
| Decided on September 7, 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
| ROBJAY LEASE CORP., Respondent, -against- ALBERT and MARILYN SPENCER, Appellant. |
DECISION
Motion by tenants-appellants for a stay pending appeal is granted on condition that the appeal is perfected by November 3, 2006; otherwise stay vacated. Tenants-appellants are directed to pay to landlord use and occupancy at the rate of $1,050 per month for the month of August 2006 within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenants to make a required payment, landlord may move upon 3 days' notice to vacate the stay.