| Lexington 100 Props. LLC v Yahav, Saar |
| Motion No: 570403/16 |
| Slip Opinion No: 2016 NY Slip Op 78472(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
Lexington 100 Props. LLC v Yahav, Saar
It is Ordered that the motions of the respondent-appellant are consolidated for the purpose of disposition.
It is further Ordered the respondent-appellant's motions seeking a stay is granted on condition that respondent-
appellant: (1) perfects his appeal by no later than the November 2016 term - the filing deadline for which is September 13, 2016; (2) pays landlord use and occupancy in the amount of $12,246.97, representing use and occupancy arrears pursuant to the decision and order (Katz, J., Index No. #84541/15 and #75610/15), dated May 3, 2016 and pays landlord the sum of $4,400.00 (representing the use and occupancy arrears from June 2016 through July 2016 at $2,200.00 per month), on or before July 12, 2016, without prejudice; and (3) pays the landlord accruing use and occupancy in the amount of $2,200.00 on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlords-respondents may move on five days' notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570403/16