Mautner Glick Corp., et al. v Soto, Flora



Mautner Glick Corp., et al. v Soto, Flora
Motion No: 570749/07
Slip Opinion No: 2007 NYSlipOp 80911(U)
Decided on October 17, 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 17, 2007

Mautner Glick Corp., et al. v Soto, Flora

It is Ordered that the motion for a stay of the execution of the warrant of eviction is granted on the condition that the appellant: 1- on or before November 1, 2007, deposits ten thousand dollars ($10,000-) with the Clerk of the Civil Court, without prejudice to either party moving in the trial court for an appropriate undertaking, if so advised; 2- continues paying accruing use and occupancy as previously paid, without prejudice; and 3 - perfects the appeal by the March 2008 term of this court - the filing deadline is January 9, 2008. In the event of appellant's failure to comply with the foregoing conditions, or in the event the appellant, or her guests, interfere with the other building residents right to the safe and quiet enjoyment of their respective apartments, 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.

By: McKeon, P.J., Davis, Schoenfeld, J.J.

Motion No. 570749/07