Henry Phipps Plaza S. Assocs Ltd v Quijano, Judith



Henry Phipps Plaza S. Assocs Ltd v Quijano, Judith
Motion No: 571049/12
Slip Opinion No: 2013 NY Slip Op 65377(U)
Decided on February 21, 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.



February 21, 2013

Henry Phipps Plaza S. Assocs Ltd v Quijano, Judith

It is Ordered that the motion and cross motion are consolidated for disposition.

It is further Ordered that landlord-respondent's motion is granted, unless tenants-appellants: 1- perfect their appeal by no later than the May 2013 term - the filing deadline is March 13, 2013; 2- pays to the landlord past use and occupancy, if not already paid, for the period from December 2012 through February 2013 in the aggregate amount of $2,685; and 3- pays landlord accruing use and occupancy in the amount of $895 per month thereafter, on or before the 10th of each month, without prejudice. This order supercedes all prior orders of this Court. 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: Schoenfeld, J.P., Shulman, Torres, J.J.

Motion No. 571049/12