Roach v Benjamin

Motion No: M-1195

Slip Opinion No: 2010 NY Slip Op 67777(U)

Decided on April 6, 2010

Appellate Division, 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.

April 6, 2010

Roach v Benjamin

Stay granted to the extent of directing that a re-letting of the subject apartment be enjoined upon defendant-appellant's payment to plaintiff the full amount owed on the judgment entered on September 3, 2009, and upon appellant's payment to plaintiff the same last legal rent as use and occupancy by the fifth day of each month, and on condition appellant perfects appeal for the September 2010 Term of this Court, as indicated.

Before: Mazzarelli, J.P., Sweeny, Renwick, Freedman, Román, JJ.

Motion No. M-1195