| Gerard Owners Corp. v Faramarz Roshodesh |
| Motion No: 2008-01657 QC 12-24-2008 |
| Slip Opinion No: 2009 NYSlipOp 64468(U) |
| Decided on February 19, 2009 |
| 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, 11th and 13th JUDICIAL DISTRICTS
| GERARD OWNERS CORP., Respondent, -against- FARAMARZ ROSHODESH, Appellant, -and- CHRISTINE MALONEY, SHAWN MALONEY and "JOHN DOE" AND/OR "JANE DOE", Undertenants. |
DECISION
Motion by tenant-appellant to continue stay is granted on condition that within 10 days of the date of the order hereon, tenant-appellant pay landlord-respondent any and all arrears in rent and/or use and occupancy; otherwise, motion to continue stay denied and all stays vacated. In the event the payment is made, the stay shall continue on condition tenant continue to pay landlord rent and/or use and occupancy as it becomes due and perfect the appeal by April 3, 2009.
The branch of the cross motion by landlord-respondent seeking to vacate stay denied.
The branch of the cross motion seeking to authorize the release to landlord of all funds now held on deposit in the escrow account of Rosen & Livingston with respect to this matter granted and said funds may be released to landlord forthwith.