| 170 E. 77th St. 1 LLC, et al. v Delgrange, Isabelle, et al. |
| Motion No: 570337/07 |
| Slip Opinion No: 2007 NYSlipOp 72782(U) |
| Decided on June 29, 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 29, 2007
170 E. 77th St. 1 LLC, et al. v Delgrange, Isabelle, et al.
It is Ordered that the motion is granted to the extent of staying the execution of the warrant of eviction on condition that the appellants: 1- by July 9, 2007, pay the May, June and July use and occupancy to the petitioner, without prejudice; 2- continue to pay for accruing use and occupancy to the petitioner, without prejudice; and 3- perfect the appeal by the October 2007 term - the filing deadline is August 8, 2007. In the event of appellants' failure to comply with the orders of this Court, the petitioner may move on five days' notice for an order vacating the stay. The motion insofar as it seeks to vacate the restraining order on the appellants' bank account is denied, without prejudice to renew in the trial court, if so advised.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570337/07