| Cabrini Terrace Joint Venture v O'Brien, Charles |
| Motion No: 570255/08 |
| Slip Opinion No: 2008 NYSlipOp 85998(U) |
| Decided on October 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. |
October 10, 2008
Cabrini Terrace Joint Venture v O'Brien, Charles
It is Ordered that the motion for a stay is granted on condition that the appellant continues to pay for accruing use and occupancy to the petitioner, without prejudice, pending the determination of the appeal. In the event of appellant's failure to comply with the foregoing condition, the petitioner may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570255/08