59-61 E. 3rd St., LLC v Campbell, Claude



59-61 E. 3rd St., LLC v Campbell, Claude
Motion No: 570063/08
Slip Opinion No: 2008 NYSlipOp 65965(U)
Decided on March 11, 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 11, 2008

59-61 E. 3rd St., LLC v Campbell, Claude

It is Ordered that the motion for a stay is granted on the condition that appellant: 1- on or before March 19, 2008, pays the February and March use and occupancy, at the rate previously payable as rent, without prejudice; 2- continues to pay for accruing use and occupancy at said rate, without prejudice; and 3- perfects the appeal by the June term - 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., Schoenfeld, Heitler, J.J.

Motion No. 570063/08