| Julius Nowak v Daniel Elie |
| Motion No: 2006-01613 KC |
| Slip Opinion No: 2006 NYSlipOp 80634(U) |
| Decided on October 26, 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
| JULIUS NOWAK, Respondent, -against- DANIEL ELIE, Appellant. |
DECISION
Motion by tenant-appellant to be restored to possession of the premises pending determination of the appeal is granted on condition that tenant pay landlord the sum of $3,068.32 representing all arrears through October 2006, within 10 days of the date of the order hereon; otherwise motion denied. Tenant shall be restored to possession forthwith upon making the payment.
Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from November 1, 2006, at the rate previously payable as rent 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, and to perfect the appeal on or before February 2, 2007.
In the event that any of the conditions for remaining in the premises following restoration are not met, landlord may move in this court for leave to re-execute the warrant of eviction.