PR 307 W. 93, LLC v Peralta, Luz



PR 307 W. 93, LLC v Peralta, Luz
Motion No: 570136/17
Slip Opinion No: 2017 NY Slip Op 67347(U)
Decided on March 16, 2017
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.



March 16, 2017

PR 307 W. 93, LLC v Peralta, Luz

It is Ordered that the respondent-appellant's motion which seeks to stay the enforcement of the final judgment and warranted of eviction is granted, on condition that: 1) respondent-appellant perfects her appeal by no later than the September 2017 term - the filing deadline for which is July 12, 2017; 2) respondent-appellant pays to the landlord the money judgment in the amount of $14,609.64 (pursuant to the decision and order [Cannataro, J.], dated December 16, 2016), to the extent not already paid, on or before April 4, 2017, without prejudice; 3) respondent-appellant pays to the landlord the sum of $1,545.00 (equaling outstanding use and occupancy in the amount of $515.00 per month, pursuant to the last regulated rent for the premises, from January 2017 to March 2017), to the extent not already paid, on or before March 24, 2017, without prejudice; 4) respondent-appellant continues to pay accruing use and occupancy in the amount of $515.00, as becomes due, 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. 570136/17