| Halpern, Ida & Borg, Abraham v Berberena, Nelson & Bonano, Luz |
| Motion No: 570250/12 |
| Slip Opinion No: 2012 NY Slip Op 81967(U) |
| Decided on August 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. |
August 20, 2012
Halpern, Ida & Borg, Abraham v Berberena, Nelson & Bonano, Luz
It is Ordered that landlord-respondent's motion is granted, unless tenants-appellants: 1- perfect their appeal by no later than the December 2012 term - the filing deadline is October 10, 2012; 2- pays use and occupancy arrears in the amount of $17,873.99on or before September 4, 2012; and 3- pays landlord accruing use and occupancy starting from January 2012, in the amount of $777.13 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 and dismissing the appeal.
By: Lowe, III, P.J., Schoenfeld, Shulman., J.J.
Motion No. 570250/12