| Tower W. Assoc. v Walden, Shelton |
| Motion No: 570735/07 |
| Slip Opinion No: 2007 NYSlipOp 80788(U) |
| Decided on October 16, 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. |
October 16, 2007
Tower W. Assoc. v Walden, Shelton
It is Ordered that the motion for a stay of the judgment and warrant of eviction is granted on the condition that appellant: 1 - on or before October 22, 2007, pays the arrears due pursuant to the judgment [$840.oo] to the petitioner, without prejudice; 2- on or before November 9, 2007, pays the October and November 2007 use and occupancy at the rate set by the last lease, namely $2,176.oo per month, without prejudice; 3- perfects the appeal by the February 2008 term of this court - the filing deadline is December 11, 2007; and 4- continues to pay accruing monthly use and occupancy at said rate, without prejudice to either party moving in the trial court for an appropriate rate to be set for use and occupancy, if so advised. In the event of appellant's failure to comply with any of the foregoing conditions, the petitioner may move on five day's notice for an order vacating the stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570735/07