Mark Family Realty LLC, et.al. v Albert, Annie & Andrew



Mark Family Realty LLC, et.al. v Albert, Annie & Andrew
Motion No: 570985/11
Slip Opinion No: 2012 NY Slip Op 61382(U)
Decided on January 18, 2012
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.



January 18, 2012

Mark Family Realty LLC, et.al. v Albert, Annie & Andrew

It is Ordered that the tenants-appellants� motion for a stay is granted on condition that tenants-appellants: 1- perfect their appeal by no later than the May 2012 term - the filing deadline is March 13, 2012; 2- tender to landlord use and occupancy arrears for the months of September 2011 through January 2012 for a total of $29,000 on or before January 27, 2012; and 3- pay to the landlord accruing use and occupancy at the rate of $5,800 per month on or before each subsequent rental due date, without prejudice. In the event of tenants-appellants� failure to comply with the foregoing conditions, landlord-respondent may move on five days� notice for an order vacating the stay.

By: Lowe, III, P.J., Schoenfeld, Hunter, Jr., J.J.

Motion No. 570985/11