222 E. 12 Realty LLC v Yuk Kwan So



222 E. 12 Realty LLC v Yuk Kwan So
Motion No: 570277/15
Slip Opinion No: 2015 NY Slip Op 68355(U)
Decided on March 27, 2015
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.



March 27, 2015

222 E. 12 Realty LLC v Yuk Kwan So

It is Ordered that the tenant-appellant's motion is granted to the extent of staying enforcement of the final judgment and warrant of eviction and all proceedings in Civil Court, on condition that tenant-appellant: (1) perfects his appeal by no later than the September 2015 term the filing deadline for which is July 15, 2015, and (2) pays landlord 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. 570277/15