| 137 E. 38th St. LLC v Condon, Hope |
| Motion No: 570366/11 |
| Slip Opinion No: 2011 NY Slip Op 72998(U) |
| Decided on May 17, 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. |
May 17, 2011
137 E. 38th St. LLC v Condon, Hope
It is Ordered that tenant-appellant's motion for a stay is granted on condition that tenant-appellant: 1- perfects her appeal by no later than the October 2011 term - the filing deadline is August 9, 2011; 2- pays to the landlord the amount of the judgment in this matter, $9,966.50, on or before May 31, 2011; 3- pays for accruing use and occupancy in the amount of $746.88 per month to the landlord 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. The appeal may proceed on the original record of the trial court.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570366/11