| Roxborough Apt. Corp. v Westreich, Larry |
| Motion No: 570397/09 |
| Slip Opinion No: 2009 NY Slip Op 75039(U) |
| Decided on June 12, 2009 |
| 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, 2009
Roxborough Apt. Corp. v Westreich, Larry
It is Ordered that the motion and cross-motion are consolidated for the purpose of disposition. The stay of the execution of the warrant of eviction is continued provided accruing use and occupancy, commencing with the July 2009 payment, is tendered to the petitioner, without prejudice, pending the appeal, which is to be perfected by the September 2009 term. The motion insofar as it seeks to vacate the restraining notice is denied, without prejudice to renew in the trial court, pursuant to CPLR § 5204, by posting an undertaking, if so advised. The prior order of this Court is modified accordingly.
By: McKeon, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570397/09