| Gain Sun Corp. v Huang, Mujin |
| Motion No: 570456/09 |
| Slip Opinion No: 2009 NY Slip Op 76101(U) |
| Decided on June 25, 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 25, 2009
Gain Sun Corp. v Huang, Mujin
It is Ordered that the motion for a stay of the warrant of eviction is granted on condition that the appellant: 1- on or before June 29, 2009, tenders the April, May and June use and occupancy to the petitioner, without prejudice; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice to petitioner seeking, if so advised, a more appropriate rate to be set by the trial court; and 3- perfects the appeal by the October 2009 term - the filing deadline is August 10, 2009. In the event of appellant's failure to comply with the foregoing conditions, the landlord-respondent may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570456/09