Clearview Apt. Assoc., Lp v Gumersino Jr. Ocasio
Motion No: 2006-01934 QC
Slip Opinion No: 2007 NYSlipOp 64407(U)
Decided on March 1, 2007
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2006-1934 K C
CLEARVIEW APARTMENT ASSOCIATES, LP,

Appellant,

-against-

GUMERSINO JR. OCASIO,

Respondent,

-and-

MERCEDES RODRIGUEZ, MARIA TORRES,
JESSICA OCASIO, ALEX OCASIO, DAVID OCASIO,
"JOHN DOE" and "JANE DOE",

Undertenants.

DECISION

Motion by landlord-appellant to direct occupant-respondent to pay accrued and accruing use and occupancy denied.

We note that occupant has not sought a stay or other relief, the granting of which might be conditioned upon the payment of use and occupancy.