| 358 W. 51st LLC v Kennedy, Steve |
| Motion No: 570323/15 |
| Slip Opinion No: 2015 NY Slip Op 82452(U) |
| Decided on August 20, 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 20, 2015
358 W. 51st LLC v Kennedy, Steve
It is Ordered that the motion of the landlord-respondent to dismiss the appeal and vacate the stay of the execution of the warrant is granted, unless the tenant-appellant Steve Kennedy: (1) perfects his appeal by no later than the December 2015 term the filing deadline for which is October 14, 2015; (2) pays the landlord outstanding use and occupancy arrears for the period of April 2015 through August 2015, to the extent not already paid, on or before August 31, 2015, without prejudice; and (3) pays the 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 the tenant-appellant fails to comply with the foregoing conditions, the 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. 570323/15