| 137 E. 38th St., LLC. v Condon, Hope |
| Motion No: 570366/11 |
| Slip Opinion No: 2011 NY Slip Op 82655(U) |
| Decided on September 2, 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. |
September 2, 2011
137 E. 38th St., LLC. v Condon, Hope
It is Ordered that landlord-respondent's motion is granted to the extent of continuing the stay of the enforcement of the final judgment and warrant of eviction on condition that tenant-appellant: 1- perfects her appeal by no later than the December 2011 term - the filing deadline is October 11, 2011; 2- pays to the landlord the unpaid balance of the judgment in this matter, $2,966.50, plus use and occupancy for April thru August 2011 in the amount of $3,734.00 for a total amount of $6,700.50 on or before September 15, 2011; 3- pays for accruing use and occupancy in the amount of $746.80 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.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570366/11