| Gazivoda, Lazar v Sherman, Heath |
| Motion No: 570063/03 |
| Slip Opinion No: 2007 NYSlipOp 71450(U) |
| Decided on June 14, 2007 |
| Appellate Term, First 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. |
June 14, 2007
Gazivoda, Lazar v Sherman, Heath
It is Ordered that the motion for to reargument is granted. Upon reargument, the stay is conditioned upon the payment of accruing use and occupancy at the rate of $1,516.72 per month, to the landlord, without prejudice. In the event the appellant fails to comply with the orders of this Court, the petitioner may move on five days' notice for an order vacating the stay.
By: McCooe, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570063/03