| 36 W. 128th St. LLC v Bowman, Vincent |
| Motion No: 570905/07 |
| Slip Opinion No: 2008 NYSlipOp 61042(U) |
| Decided on January 15, 2008 |
| 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. |
January 15, 2008
36 W. 128th St. LLC v Bowman, Vincent
It is Ordered that the motion to vacate the stay is granted. The appellant failed to comply with the order of this court requiring the payment of use and occupancy, at the rate of $2,000.oo per month, without prejudice to either party moving in the trial court for a determination of the fair market rent to be paid. Accordingly, the conditional stay is vacated. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( see CPLR § 2215 and 2103[b][2] )
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570905/07