| Esplanade 94 LLC v Al Arir, Rika et al. |
| Motion No: 570118/18 |
| Slip Opinion No: 2018 NY Slip Op 70864(U) |
| Decided on April 27, 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. |
April 27, 2018
Esplanade 94 LLC v Al Arir, Rika et al.
It is Ordered that the respondent-appellant's motion seeking reargument of the Appellate Term order, dated March 15, 2018 and to stay the enforcement of the final judgment and warrant of eviction is granted on condition that respondent-appellant: 1) perfect the appeal by the October 2018 term - the filing deadline for which is August 7, 2018; 2) pay the landlord $2,010.56 (equaling outstanding use and occupancy in the amount of $251.32 per month, as specified at the last lease rate, for the months of September 2017 through April 2018), to the extent not already paid, on or before May 11, 2018, without prejudice; and 3) pay landlord accruing use and occupancy in the amount of $251.32 per month, on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-
landlord may move on five days notice for an order vacating the stay.
By: Shulman, P.J., Gonzalez, Cooper, J.J.
Motion No. 570118/18