| Genuine Realty Corp. v Mitchell, Gail |
| Motion No: 570786/17 |
| Slip Opinion No: 2018 NY Slip Op 60141(U) |
| Decided on January 2, 2018 |
| 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. |
January 2, 2018
Genuine Realty Corp. v Mitchell, Gail
It is Ordered that the motion of the respondent-appellant seeking to stay the enforcement of the final judgment and execution of the warrant of eviction is granted on condition that respondent-appellant: (1) perfects her appeal by no later than the May 2018 term the filing deadline for which is March 13, 2018; (2) pays landlord accrued use and occupancy through December 2017, in the amount of $7,033.76, to the extent not already paid, on or before January 10, 2018, without prejudice; and (3) continues to pay landlord accruing use and occupancy in the amount the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing condition, petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Shulman, J.P., Ling-Cohan, Gonzalez, J.J.
Motion No. 570786/17