| Ying Lung Corp. v Pai, Chung |
| Motion No: 570933/11 |
| Slip Opinion No: 2012 NY Slip Op 62521(U) |
| Decided on January 27, 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 27, 2012
Ying Lung Corp. v Pai, Chung
It is Ordered that landlord-respondent's motion is granted, and the stay of the final judgment and warrant of eviction is conditioned on tenant-appellant: 1- perfecting his appeal by no later than the May 2012 term - the filing deadline is March 13, 2012; 2- paying use and occupancy arrears of $18,401.44 to the landlord on or before February 9, 2012; 3- paying accruing use and occupancy to the landlord, at the last agreed upon rent level, 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. This Court's order dated December 27, 2011 is hereby recalled and vacated.
By: Schoenfeld, J.P., Shulman, Torres., J.J.
Motion No. 570933/11