NSD 343 LLC v Dionisatos, Haralambos It is Ordered that motion of petitioner-respondent seeking an order vacating stay of enforcement of final judgment of possession pending appellant's appeal is denied. It is Ordered that respondent- appellant is directed to tender use & occupancy, without prejudice, for period from Oct. 2018 through & including Feb. 2019 on or before Feb. 22, 2019. It is Ordered that respondent-appellant shall continue to pay landlord accruing use & occupancy in amount reserved in most recent lease agreement on or before each subsequent rental due date, without prejudice.



NSD 343 LLC v Dionisatos, Haralambos
Motion No: 570354/17
Slip Opinion No: 2019 NY Slip Op 63059(U)
Decided on February 13, 2019
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 13, 2019

NSD 343 LLC v Dionisatos, Haralambos It is Ordered that motion of petitioner-respondent seeking an order vacating stay of enforcement of final judgment of possession pending appellant's appeal is denied. It is Ordered that respondent- appellant is directed to tender use & occupancy, without prejudice, for period from Oct. 2018 through & including Feb. 2019 on or before Feb. 22, 2019. It is Ordered that respondent-appellant shall continue to pay landlord accruing use & occupancy in amount reserved in most recent lease agreement on or before each subsequent rental due date, without prejudice.

It is Ordered that the petitioner-respondent shall accept said use and occupancy as tendered by the respondent-

appellant.

By: Shulman, P.J., Ling-Cohan, Edmead, J.J.

Motion No. 570354/17