| Marble Hill Props., Inc v Salcedo, Heidy |
| Motion No: 570612/15 |
| Slip Opinion No: 2015 NY Slip Op 81162(U) |
| Decided on August 6, 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. |
August 6, 2015
Marble Hill Props., Inc v Salcedo, Heidy
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the landlord-respondent's cross-motion is denied.
It is further Ordered that the tenant-appellant's motion for a stay is granted on condition that the tenant-appellant: (1) perfects her appeal by no later than the November 2015 term the filing deadline for which is September 10, 2015; and (2) continues to pay 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 these 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. 570612/15