| Arden Realty Assoc. LLC v Diaz, Beverly |
| Motion No: 570721/10 |
| Slip Opinion No: 2010 NY Slip Op 82225(U) |
| Decided on September 16, 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. |
September 16, 2010
Arden Realty Assoc. LLC v Diaz, Beverly
It is Ordered that the tenant's motion for a stay is granted on condition that tenant: 1- Perfect her appeal by no later than the January 2011 Term - the filing deadline is November 9, 2010; 2- Continues to pay for accruing use and occupancy, beginning in October 2010, on each subsequent rental due date, without prejudice; and 3- Pays all outstanding rent arrears due and owing to the landlord on or before September 30, 2010. In the event of tenant's failure to comply with the foregoing conditions, landlord may move on five days' notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570721/10