| 2146 Better Homes HDFC v Martinez, Barbara et al. |
| Motion No: 570823/11 |
| Slip Opinion No: 2012 NY Slip Op 61879(U) |
| Decided on January 20, 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 20, 2012
2146 Better Homes HDFC v Martinez, Barbara et al.
It is Ordered that the motion and cross motion are consolidated for disposition. It is further Ordered that landlord-respondent's motion to vacate the stay is granted, unless tenants-appellants: 1- perfect their appeal by no later than the May 2012 term - the filing deadline is March 13, 2012; 2- pays to the landlord the rent and use and occupancy arrears totaling $28,030.21 plus use and occupancy for the month of January 2012 in the amount of $3,555.05 for a total of $31,585.26 on or before January 20, 2012; and 3- pay to the landlord accruing use and occupancy at the rate of $3,555.05 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: Schoenfeld, P.J., Shulman, Torres., J.J.
Motion No. 570823/11