Prospect Union Assoc. v Dejesus, Carlos & Bienvenida



Prospect Union Assoc. v Dejesus, Carlos & Bienvenida
Motion No: 570838/16
Slip Opinion No: 2016 NY Slip Op 94574(U)
Decided on December 15, 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 15, 2016

Prospect Union Assoc. v Dejesus, Carlos & Bienvenida

It is Ordered that the respondents-appellants' motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted on condition that respondents-appellants: 1) perfects their 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 $21,421.00 (representing all arrears owed through December, 2016), to the extent not already paid, on or before December 28, 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, without prejudice. In the event of respondents-appellants' 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. 570838/16