Strata Realty Corp. v Pena, Rosa



Strata Realty Corp. v Pena, Rosa
Motion No: 570821/16
Slip Opinion No: 2016 NY Slip Op 94575(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

Strata Realty Corp. v Pena, Rosa

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 perfects her appeal by no later than the April 2017 term - the filing deadline for which is February 8, 2017; and 2) pays the landlord-respondent accruing use and occupancy 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, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570821/16