| 345 W. 12th St., LLC v Gudmundsdottir, Edda et al. |
| Motion No: 570657/16 |
| Slip Opinion No: 2016 NY Slip Op 87843(U) |
| Decided on October 6, 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. |
October 6, 2016
345 W. 12th St., LLC v Gudmundsdottir, Edda et al.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that respondent-appellant's motion seeking a stay of the enforcement of the judgment and warrant of eviction and petitioner-respondent's cross motion seeking various relief are granted on condition that respondent-appellant: (1) perfects her appeal by no later than the February 2017 term - the filing deadline for which is December 14, 2016; and (2) posting an undertaking in the amount of $33,277.14, representing use and occupancy arrears pursuant to Civil Court decision (Lau, J.), dated September 22, 2016, on or before October 11, 2016, without prejudice; (3) paying use and occupancy to the petitioner in the amount of $2,168.66 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570657/16