Walsam 77th St. Co. v Kassimis, Irene, et al.



Walsam 77th St. Co. v Kassimis, Irene, et al.
Motion No: 570122/08
Slip Opinion No: 2008 NYSlipOp 65897(U)
Decided on March 10, 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.



March 10, 2008

Walsam 77th St. Co. v Kassimis, Irene, et al.

It is Ordered that the motion is granted to the extent of staying the execution of the warrant of eviction on condition that the appellant: 1) continues paying accruing monthly use and occupancy, at the rate previously payable as rent, without prejudice to the landlord's pending application for market rate use and occupancy and attorney's fees; and 2) perfects the appeal by no later than the June 2008 term of this court - the filing deadline is April 8, 2008. In the event of appellant's failure to comply with the foregoing conditions, the landlord may move on five days' notice for an order vacating the stay.

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

Motion No. 570122/08