| 315 W. 113th St LLC v Taylor, Donald |
| Motion No: 570470/18 |
| Slip Opinion No: 2018 NY Slip Op 81035(U) |
| Decided on August 21, 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 21, 2018
315 W. 113th St LLC v Taylor, Donald
It is Ordered that the respondent-appellant's 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 respondent-appellant: 1) perfects the appeal by the December 2018 term - the filing deadline for which is October 9, 2018 and 2) continues to pay landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each rental due date, without prejudice. The appeal may proceed on the original record of the trial court and type-written briefs. In the event of respondent-appellant's 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. 570470/18