| Lafayette-Morrison Hous. Corp. v Carlyle, Morris, et al. |
| Motion No: 570362/08 |
| Slip Opinion No: 2008 NYSlipOp 74769(U) |
| Decided on June 12, 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. |
June 12, 2008
Lafayette-Morrison Hous. Corp. v Carlyle, Morris, et al.
It is Ordered that the motion is granted only to the extent of permitting the appeal to proceed on the original record of the trial court and hand-written briefs. The motion insofar as it seeks a stay is denied, without prejudice to renew after the deposit of eight thousand dollars ($8,000- ) with the Clerk of the Bronx Civil Court. This sum represents four months of use and occupancy ($2,000- per month) agreed to by the stipulation of the parties, dated November 20, 2007, in the event the appellant failed to vacate the premises by February 28, 2008. The court notes that the arrears of $22,093.56, that would have been waived had the appellant vacated the subject premises, will be required to be deposited into court in the event the appellant applies for a stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570362/08