| 206 W. 104th St. LLC v Cohen, Sydney |
| Motion No: 570675/12 |
| Slip Opinion No: 2013 NY Slip Op 60638(U) |
| Decided on January 9, 2013 |
| 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 9, 2013
206 W. 104th St. LLC v Cohen, Sydney
It is Ordered that undertenant-appellant's motion is granted on condition that appellant: 1- perfects his appeal by no later than the May 2013 term - the filing deadline is March 13, 2013; 2- pays landlord accruing use and occupancy in the amount of $2,900 per month, on or before each subsequent rental due date, without prejudice.
In the event of undertenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days' notice, for an order vacating the stay previously granted by this Court's October 16, 2012 order, and dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570675/12