601 W. Realty LLC v Zheng, Mao Chu

Motion No: 570688/16

Slip Opinion No: 2016 NY Slip Op 92039(U)

Decided on November 18, 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.

November 18, 2016

601 W. Realty LLC v Zheng, Mao Chu

It is Ordered that motion & cross motion are consolidated for disposition.

It is further Ordered that petitioner-respondent's motion seeking to vacate stay is granted, unless tenant- appellant: 1) perfects its appeal by no later than Feb. 2017 term - filing deadline for which is Dec. 14, 2016; 2) pays the landlord-respondent $35,575.50 (representing use and occupancy from March 2016 to October 2016 plus an outstanding balance of $175.00), on or before November 28, 2016, without prejudice; 3) and pays the landlord-respondent use and occupancy for November 2016, to the extent not already paid, on or before November 28, 2016, without prejudice; and 4) pays the landlord-respondent accruing use and occupancy in the amount of $5,900.00 on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant�s failure to comply with the foregoing conditions, landlord-respondent may move on five days notice, for an order vacating the stay.

It is also further Ordered that respondent-appellant's cross motion seeking to deposit monies with the Court is denied.

By: Schoenfeld, J.P., Shulman, Gonzalez, J.J.

Motion No. 570688/16