4 Arts Coopererative Corp. v Ensley, Susan as Ex'x et al.



4 Arts Coopererative Corp. v Ensley, Susan as Ex'x et al.
Motion No: 570092/19
Slip Opinion No: 2019 NY Slip Op 64638(U)
Decided on March 5, 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.



March 5, 2019

4 Arts Coopererative Corp. v Ensley, Susan as Ex'x et al.

It is Ordered that the respondents-appellants' 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 respondents-appellants: 1) perfect the appeal by no later than the September 2019 term - the filing deadline for which is July 10, 2019; 2) pay the petitioner-respondent outstanding arrears in the amount of $224,944.39 (comprised of the judgment amount dated December 7, 2018 and use and occupancy from January 2019 through February 2019), to the extent not already paid, on or before March 15, 2019, without prejudice; and 3) pay the petitioner-respondent accruing use and occupancy in the amount of $3,000.00, on or before each rental due date, without prejudice. In the event of respondents-appellants' 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., Cooper, Edmead, J.J.

Motion No. 570092/19