| Trump Plaza LLC v Fox, Blair |
| Motion No: 570852/09 |
| Slip Opinion No: 2009 NY Slip Op 92554(U) |
| Decided on December 29, 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. |
December 29, 2009
Trump Plaza LLC v Fox, Blair
It is Ordered that the motion is granted staying the execution of the warrant of eviction and the legal fees hearing on condition that the appellant: 1- on or before January 11, 2010, pays the balance due on the judgment [ $ 10, 455.26 ] along with the January 2010 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; and 3- perfects the appeal by the April 2010 term - the filing deadline is February 9, 2010. 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., Schoenfeld, Heitler, J.J.
Motion No. 570852/09