Sherman Realty LLC v Kevelier, Gladys

Motion No: 570265/17

Slip Opinion No: 2017 NY Slip Op 76606(U)

Decided on June 9, 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.

June 9, 2017

Sherman Realty LLC v Kevelier, Gladys

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 the outstanding rent arrears due of $1,617.88, to the extent not already paid, on or before June 23, 2017, without prejudice; 3) respondent-appellant pays 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.

It is also Ordered that the appeal shall proceed on the original record.

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. 570265/17