| 1882 Crotona Ave. LLC v Perlata Gil, Frank F. |
| Motion No: 570778/16 |
| Slip Opinion No: 2016 NY Slip Op 92447(U) |
| Decided on November 25, 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 25, 2016
1882 Crotona Ave. LLC v Perlata Gil, Frank F.
It is Ordered that the respondent-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction, is granted on condition that respondent-appellant: 1) perfects its appeal by no later than the March 2017 term - the filing deadline for which is January 11, 2017; 2) pays the landlord-respondent use and occupancy for November 2016, to the extent not already paid, on or before November 30, 2016, without prejudice; and 3) pays the landlord accruing use and occupancy in the amount of $2,670.00 (pursuant to Decision [Miles, J.], dated August 30, 2016), 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, J.P., Shulman, Ling-Cohan J.J.
Motion No. 570778/16