| Norfolk Dev. LLC v Kee, Elizabeth |
| Motion No: 570185/09 |
| Slip Opinion No: 2011 NY Slip Op 92300(U) |
| Decided on December 14, 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. |
December 14, 2011
Norfolk Dev. LLC v Kee, Elizabeth
It is Ordered that landlord-appellant's motion for a stay is granted on condition that landlord-appellant perfects its appeals by no later than the April 2012 term - the filing deadline is February 7, 2012. In the event of landlord-appellant's failure to comply with the foregoing condition, tenant-respondent may move on five days' notice for an order vacating the stay. It is Further Ordered that tenant-respondent pay accruing use and occupancy to the landlord, at the rate set forth in the last lease, on or before each subsequent rental due date, without prejudice.
By: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570185/09