| Five Fifty Realty LLC v Jimenez, Rosa |
| Motion No: 570785/16 |
| Slip Opinion No: 2016 NY Slip Op 93285(U) |
| Decided on December 1, 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. |
December 1, 2016
Five Fifty Realty LLC v Jimenez, Rosa
It is Ordered that the respondent-appellant's motion seeking an order 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 April 2017 term - the filing deadline for which is February 8, 2017; 2) pays the landlord-
respondent the amount of $534.77 (representing the outstanding balance owed pursuant to the terms set forth in the stipulation, dated July 8, 2015), to the extent not already paid, on or before December 14, 2016, without prejudice; and 3) pays the landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, plus the payment of $1,000.00 per month, pursuant to the monthly rate set forth in the terms of the stipulation, dated July 8, 2015, which is hereby extended, on or before each subsequent rental due date, without prejudice. In the event of respondent-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. 570785/16