509 Realty Co., LLC v Wright, Carolyn



509 Realty Co., LLC v Wright, Carolyn
Motion No: 571039/10
Slip Opinion No: 2011 NY Slip Op 66576(U)
Decided on March 10, 2011
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.



March 10, 2011

509 Realty Co., LLC v Wright, Carolyn

It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that tenant-appellant's motion is granted and the stay is continued on condition that tenant-appellant: 1- perfects her appeal by no later than the June 2011 term - the filing deadline is April 12, 2011; 2- pays use and occupancy arrears in the amount of $7,493.57 to the landlord by no later than March 23, 2011; 3- continues to pay for accruing use and occupancy on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on fiver days' notice for an order vacating the stay.

By: Schoenfeld, J.P., Shulman, Torres., J.J.

Motion No. 571039/10