| LPA Lincoln Plaza Assoc. LLC v Kurnit, Mona |
| Motion No: 570675/09 |
| Slip Opinion No: 2010 NY Slip Op 91103(U) |
| Decided on December 17, 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. |
December 17, 2010
LPA Lincoln Plaza Assoc. LLC v Kurnit, Mona
It is further Ordered that the petitioner's motion to dismiss is granted unless the appellant 1- perfects her appeal by the April 2011 term - the filing deadline is February 8, 2011; and 2- continues to pay for accruing use and occupancy on each subsequent rental due date, without prejudice. 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 dismissing the appeal.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570675/09