| BPP ST Owner LLC v Nichols, Edie & Ian |
| Motion No: 570021/18 |
| Slip Opinion No: 2018 NY Slip Op 64247(U) |
| Decided on February 14, 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. |
February 14, 2018
BPP ST Owner LLC v Nichols, Edie & Ian
It is Ordered that the respondents-appellants' motion seeking to stay the enforcement of the final judgment and warrant of eviction pending the determination of the appeal is granted on condition that the appellant: 1) perfect the appeal by no later than the June 2018 term - the filing deadline for which is April 10, 2018; and 2) pay landlord accruing use and occupancy, as specified at the last lease rate, 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: Shulman, P.J., Ling-Cohan, Cooper, J.J.
Motion No. 570021/18