| Ralph Ave. Assoc., LLC v Nicholas Owoyemi |
| Motion No: 2011-01113 kc |
| Slip Opinion No: 2012 NY Slip Op 68509(U) |
| Decided on March 21, 2012 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Ralph Avenue Associates, LLC, Respondent, v Nicholas Owoyemi, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 4, 2011, to vacate a stay granted by decision and order of this court dated July 18, 2011. Separate motion by appellant "for an order to compel Respondent Landlord to immediately repair damaged apartment pending appeal decision." Separate motion by appellant to allow him to live in the apartment without paying rent for three months while he looks for another apartment.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied on condition that within 10 days from the date of this decision and order appellant pay respondent any and all arrears in use and occupancy and continue to comply with the conditions contained in the decision and order of this court dated July 18, 2011; and it is further,
ORDERED that appellant's motion to allow him to live in the apartment without paying rent is denied; and it is further,
ORDERED that appellant's motion to compel repairs is denied without prejudice to appellant moving for that relief in the Civil Court.
ENTER:
Paul Kenny
Chief Clerk
March 21, 2012
RALPH AVE. ASSOC., LL v OWOYEMI