| Square Block Assoc. v Fernandez, Rafael |
| Motion No: 570563/10 |
| Slip Opinion No: 2010 NY Slip Op 80300(U) |
| Decided on August 24, 2010 |
| 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. |
August 24, 2010
Square Block Assoc. v Fernandez, Rafael
It is Ordered that the undertenant-appellant's motion for a continued stay of eviction is granted on condition that undertenant-appellant remains current in the payment of accruing use and occupancy, without prejudice, pending the determination of the appeal. The landlord-respondent's cross-motion is denied, without prejudice to renew in the event the records are not corrected and the appeal noticed for the next available term. In the event of undertenant-appellant's failure to tender accruing use and occupancy, the landlord-respondent may move on five days' notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570563/10