28th St. Invs. Co., LLC v Gentilella, Frank



28th St. Invs. Co., LLC v Gentilella, Frank
Motion No: 571118/15
Slip Opinion No: 2016 NY Slip Op 77897(U)
Decided on June 24, 2016
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.



June 24, 2016

28th St. Invs. Co., LLC v Gentilella, Frank

It is Ordered that the motion of the petitioner-landlord is granted unless: (1) the tenant-appellant perfects his appeal by no later than the November 2016 term the filing deadline for which is September 13, 2016, and (2) continues to pay landlord accruing use and occupancy in the amount of $333.47 on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 571118/15