| 401 Edgecombe Partner LLC v Zachariah, Sandra |
| Motion No: 570587/11 |
| Slip Opinion No: 2011 NY Slip Op 80403(U) |
| Decided on August 9, 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. |
August 9, 2011
401 Edgecombe Partner LLC v Zachariah, Sandra
It is Ordered that tenant-appellants' motion for a stay is granted on condition that appellant: 1- perfects her appeal by no later than the November 2011 term - the filing deadline is September 8, 2011; 2- tenders to petitioner, by August 19, 2011, use and occupancy for the period May 2011 through July 2011 in the amount of $816.06 per month, if such amount has not already been tendered; and 3-continues to pay petitioner accruing use and occupancy in the same amount by the 10th day of each subsequent month, 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, Hunter, Jr., J.J.
Motion No. 570587/11