| Einhorn, Jonathan v McCloud, Carlton & Martin, Maya |
| Motion No: 570361/15 |
| Slip Opinion No: 2015 NY Slip Op 84823(U) |
| Decided on September 17, 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. |
September 17, 2015
Einhorn, Jonathan v McCloud, Carlton & Martin, Maya
It is Ordered that tenant-appellant's motion is granted to the extent of continuing the stay of enforcement of the final judgment and warrant of eviction on condition that tenant-appellant: 1- perfects her appeal by no later than the January 2016 term - the filing deadline is November 10, 2015; and 2- pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement between the landlord and tenant of record, on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant Maya Martin'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. 570361/15