| Starrett City, Inc. v Chantey Mceaddy |
| Motion No: 2008-01171 KC |
| Slip Opinion No: 2008 NYSlipOp 84349(U) |
| Decided on September 25, 2008 |
| Appellate Term, Second 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| STARRETT CITY, INC., Respondent, -against- CHANTEY McEADDY, Appellant. |
DECISION
On the court's own motion, motions by landlord-respondent returnable on September 5, 2008 and September 12, 2008 are hereby consolidated for purposes of disposition.
Motions by landlord-respondent for leave to reargue or, in the alternative, modify the order of this court dated July 21, 2008, or for leave to appeal to the Appellate Division, are granted only to the extent of directing that within 10 days from the date of the order hereon tenant shall pay to landlord the sum of $1,416.02, representing the judgment amount plus marshal and legal fees, as well as any and all arrears in rent and/or use and occupancy in the tenant's share of the rent at $37 per month from the date tenant was restored to possession of the premises, and continue to pay landlord use and occupancy at a like rate as it becomes due.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.