WFCC Realty Corp. v Ma, Mary

Motion No: 570261/17

Slip Opinion No: 2017 NY Slip Op 75147(U)

Decided on May 26, 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.

May 26, 2017

WFCC Realty Corp. v Ma, Mary It is Ordered that respondent-appellant's motion which seeks to stay enforcement of final judgment & warrant of eviction is granted, on condition that: 1) respondent-appellant perfects her appeal by no later than Oct. 2017 term - filing deadline for which is Aug. 9, 2017; 2) respondent-appellant pays to the landlord $11,706.28 (equaling outstanding use and occupancy in the amount of $1,460.16 per month, for the months of May 2016, June 2016, August 2016, September 2016, and the period of January 2017 through April 2017), to the extent not already paid, on or before June 9, 2017, without prejudice; 3) respondent-appellant pays landlord-respondent use and occupancy for May 2017 in the amount of $1,460.16, to the extent not already paid, on or before May 31, 2017, without prejudice; 4) respondent-appellant continues to pay accruing use and occupancy in the amount of $1,460.16, as becomes due, without prejudice.

It is also Ordered that the branch of the motion which seeks to consolidate the appeals is denied, without prejudice to a motion or a stipulation to consolidate the 4 appeals at issue. 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. 570261/17