Mulliner Props., Inc. v Rosenbaum, Ira



Mulliner Props., Inc. v Rosenbaum, Ira
Motion No: 570353/18
Slip Opinion No: 2018 NY Slip Op 79748(U)
Decided on August 7, 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.



August 7, 2018

Mulliner Props., Inc. v Rosenbaum, Ira

It is Ordered that the respondents-appellants' motion seeking to stay the enforcement of the judgment and warrant of eviction pending the determination of the appeal is granted on condition that respondents-appellants: 1) perfect the appeal by the December 2018 term - the filing deadline for which is October 9, 2018; 2) pay landlord arrears in the amount of $4,700.00, pursuant to the order (Hahn, J.), dated May 30, 2018, to the extent not already paid, on or before August 17, 2018, without prejudice; 3) pay landlord any outstanding use and occupancy for July and August, 2018, totalling $3,300.00, to the extent not already paid, on or before August 17, 2018, without prejudice; and 4) pay landlord accruing use and occupancy in the amount of $1,650.00, on or before each subsequent rental due date, without prejudice. In the event of respondents-appellants' failure to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.

By: Shulman, P.J., Cooper, Edmead, J.J.

Motion No. 570353/18