360 W. 55th St., L.P. v De George, Barbara



360 W. 55th St., L.P. v De George, Barbara
Motion No: 570215/11
Slip Opinion No: 2011 NY Slip Op 68106(U)
Decided on March 25, 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 25, 2011

360 W. 55th St., L.P. v De George, Barbara

It is Ordered that tenant-appellant's motion for a stay is granted only with respect to staying the final judgment and warrant of eviction, on condition that tenant-appellant: 1- perfect its appeal by no later than the September 2011 term - the filing deadline is July 6, 2011; 2- pays accruing use and occupancy, at the last agreed upon rent level, on 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 five days' notice for an order vacating the stay.

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

Motion No. 570215/11