| 40 E. 68th St. Co. v Jamil, Hani & Habbas, Saud |
| Motion No: 570535/13 |
| Slip Opinion No: 2013 NY Slip Op 79507(U) |
| Decided on July 12, 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. |
July 12, 2013
40 E. 68th St. Co. v Jamil, Hani & Habbas, Saud
It is Ordered that respondent-appellant's motion is granted on condition that respondent-appellant: 1- perfects his appeal by no later than the November term - the filing deadline is September 10, 2013; and 2- pays petitioner accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. In the event of respondents-appellants' failure to comply with the foregoing conditions, petitioner-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.
By: Lowe, III, P.J., Shulman, Schoenfeld, J.J.
Motion No. 570535/13