| Lowerre Place Assoc. v Banks, Kenneth |
| Motion No: 570230/07 |
| Slip Opinion No: 2008 NYSlipOp 61421(U) |
| Decided on January 17, 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 17, 2008
Lowerre Place Assoc. v Banks, Kenneth
It is Ordered that the motion is granted to the extent of continuing the stay pending the determination of the appeal on the condition that appellant continues paying accruing monthly use and occupancy as previously paid, without prejudice. In the event of appellant's failure to comply with the foregoing condition, petitioner may move on five days' notice for an order vacating the stay.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570230/07