601 W. Realty LLC v Mao Chu Zheng, et al.



601 W. Realty LLC v Mao Chu Zheng, et al.
Motion No: 570688/16
Slip Opinion No: 2016 NY Slip Op 88970(U)
Decided on October 20, 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 20, 2016

601 W. Realty LLC v Mao Chu Zheng, et al.

It is Ordered that the tenant-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted on condition that tenant-appellant: 1) perfects his appeal by no later than the February 2017 term - the filing deadline for which is December 14, 2016; and 2) tenders to the landlord-respondent the sum of $11,875.00, representing use and occupancy arrears pursuant to Civil Court decision/order (Cannataro, J.), entered April 15, 2016, on or before October 24, 2016, without prejudice; and 3) pays the landlord-respondent accruing use and occupancy in the amount of $5.900.00 plus any additional rent payable under the most recent lease agreement on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days' notice, for an order vacating the stay.

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

Motion No. 570688/16