Meyer Gutnick v No~ 2010-96 K C Ileana Ramos, "john & Jane Doe," .
Slip Opinion No: 2010 NY Slip Op 67434(U)
Decided on March 26, 2010
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : WESTON, J.P., GOLIA and RIOS, JJ.

MEYER GUTNICK,

Appellant,

-against-

NO. 2010-96 K C

ILEANA RAMOS,
"JOHN & JANE DOE,"

Respondent.

DECISION Motion by landlord-appellant to direct tenant-respondent to pay use and occupancy is denied.

Tenant has not sought a stay or other relief, the granting of which might be conditioned upon the payment of use and occupancy. We note that landlord-appellant is permitted to accept use and occupancy payments, or to bring a plenary action therefor, while its appeal is pending without vitiating its appeal (RPAPL 711 [1]; 1035 Washington Realty, LLC v Grange, 2009 NY Slip Op 86385[U] [App Term, 2d, 11th and 13th Jud Dists 2009]; 17th Holding v Rivera, NYLJ, Aug. 15, 2002 [App Term, 2nd & 11th Jud Dists]).