Titan W. Assoc. v Guach, Emila et al.



Titan W. Assoc. v Guach, Emila et al.
Motion No: 570433/16
Slip Opinion No: 2016 NY Slip Op 78468(U)
Decided on June 30, 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 30, 2016

Titan W. Assoc. v Guach, Emila et al.

It is Ordered that the motion of the tenants-appellants is granted on condition that the tenants-appellants (1) effect the removal of undertenant-appellant John Estrada from the subject apartment on or before July 15, 2016 in accordance with the April 21, 2016 Supplemental Stipulation of Settlement entered into by the parties (which may include placement in a residential home pursuant undertenant-appellant Estrada's Request for Approval to Fill a Residential Opportunity with the New York State Office for People with Developmental Disabilities dated June 10, 2016); (2) perfect their appeal by no later than the October term the filing deadline for which is August 9, 2016; and (3) continue to pay the landlord 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 tenants-appellants failure to comply with the foregoing conditions, landlord-respondent may move, on five days notice, for an order vacating the stay and dismissing the appeal.

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

Motion No. 570433/16