Barmat Realty Co., LLC v Yvette Quow
Motion No: 2012-00121 kc
Slip Opinion No: 2012 NY Slip Op 94992(U)
Decided on December 20, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2012-121 K C
Barmat Realty Co., LLC, Respondent, v Yvette Quow, Appellant.

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 5, 2012, to vacate a stay granted by decision and order of this court dated February 28, 2012, and to dismiss the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that appellant pay to respondent any and all arrears from May 2012 at the rate of $964.43 per month within 30 days from the date of this decision and order and continue to pay respondent use and occupancy at a like rate as it becomes due, and comply with the other conditions contained in the decision and order of this court dated February 28, 2012; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk