| David Ellis Real Estate, L.P. v Gillen, Oto |
| Motion No: 570297/15 |
| Slip Opinion No: 2015 NY Slip Op 68358(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
David Ellis Real Estate, L.P. v Gillen, Oto
It is Ordered that the motion of the tenant-appellant is granted on condition that tenant-appellant: (1) perfect 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.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570297/15