| Jackson Surrey 35th, L.L.C. v Yulia Litvinova |
| Motion No: 2008-02066 QC |
| Slip Opinion No: 2008 NYSlipOp 92166(U) |
| Decided on December 15, 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
| JACKSON SURREY 35TH, L.L.C., Respondent, -against- YULIA LITVINOVA, Appellant, -and- "JOHN DOE" & "JANE DOE", Undertenants. |
DECISION
Motion by occupant-appellant to stay enforcement of the final judgment entered October 14, 2008, is granted and enforcement of the final judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 6, 2009. Occupant-appellant is directed to pay to landlord-respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay rent and/or use and occupancy at a like rate as the same 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 the respondent may move to vacate the stay on 3 days' notice.