| 55th St. Marks Place Real Estate Hldg. v Martin, Jim |
| Motion No: 570433/07 |
| Slip Opinion No: 2007 NYSlipOp 74140(U) |
| Decided on July 24, 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. |
July 24, 2007
55th St. Marks Place Real Estate Hldg. v Martin, Jim
It is Ordered that the motion for a stay is granted on condition that the appellant: 1- on or before July 31, 2007, pays $3,500- to the petitioner, without prejudice to either party moving in the trial court for a hearing to set use and occupancy, if so advised; this sum represents use and occupancy, at the rate of $500 per month, for the months of January 2007, to and including July 2007 ; 2- thereafter, by the tenth day of each month, the appellant is to tender $500- to the petitioner, without prejudice; and 3- perfects the appeal by September 11, 2007, for the November 2007 term. In the event of appellant's failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay. The appeal may proceed on the original record of the trial court and type-written briefs.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570433/07