Klein Props., LLC, Et Al. v Estate of Katherine Hammonds Et Al., Tenants, & Regene Hammonds
Motion No: 2010-01400 wc
Slip Opinion No: 2011 NY Slip Op 72404(U)
Decided on May 5, 2011
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1400 W C
Klein Properties, LLC, et al., Respondents, v Estate of Katherine Hammonds et al., Tenants, and
Regene Hammonds, Appellant.

Motion by appellant on an appeal from a final judgment of the City Court of Mount Vernon, Westchester County, entered June 8, 2010, to, in effect, reinstate and continue a stay contained in a decision and order of this court dated August 9, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted on condition that within 10 days of the date of this decision and order appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event the above condition is not met, respondent may move to vacate the stay on three days' notice.

ENTER:

Angela G. Iannacci

Associate Justice