Masaryk Towers Corp. v Feng, Xiao & Yang, Xiao Yan



Masaryk Towers Corp. v Feng, Xiao & Yang, Xiao Yan
Motion No: 570422/18
Slip Opinion No: 2018 NY Slip Op 85709(U)
Decided on October 9, 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.



October 9, 2018

Masaryk Towers Corp. v Feng, Xiao & Yang, Xiao Yan

It is Ordered that the petitioner-respondent's motion seeking to vacate the stay of the enforcement of the final judgment and warrant of eviction is granted, unless the respondents-appellants: 1) perfect their appeal by no later than the January 2019 term - the filing deadline for which is November 7, 2018; 2) pay the petitioner-

respondent arrears for August 2018 and September 2018 in the amount reserved in the most recent lease agreement, to the extent not already paid, on or before October 15, 2018, without prejudice; and 3) pay the landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each 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. 570422/18