Lenoxville Assoc. v Hassell, Audrey



Lenoxville Assoc. v Hassell, Audrey
Motion No: 570958/12
Slip Opinion No: 2012 NY Slip Op 95042(U)
Decided on December 7, 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.



December 7, 2012

Lenoxville Assoc. v Hassell, Audrey

It is Ordered that appellant's motion for a stay is granted on condition that appellant: 1- perfects her appeal by no later than the April 2013 term - the filing deadline is February 5, 2012; 2- pays to landlord past use and occupancy in the amount of $10,000 on or before December 21, 2012; and 3- pays landlord accruing use and occupancy in the amount of $1,212 per month on or before each subsequent rental due date, without prejudice.

In the event of appellant's 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. The appeal may proceed on the original record.

By: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Motion No. 570958/12