530 Second Ave. Co., LLC v Zenker, Lillian



530 Second Ave. Co., LLC v Zenker, Lillian
Motion No: 570431/14
Slip Opinion No: 2014 NY Slip Op 84946(U)
Decided on September 30, 2014
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.



September 30, 2014

530 Second Ave. Co., LLC v Zenker, Lillian

It is Ordered that landlord-respondent's motion is granted, unless tenant-appellant: 1- perfects her appeal by no later than the January 2015 term - the filing deadline is November 12, 2014; 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 tenant-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.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570431/14