349 W. 53rd St. Inc. v Houssen, Mohamed



349 W. 53rd St. Inc. v Houssen, Mohamed
Motion No: 570281/19
Slip Opinion No: 2019 NY Slip Op 70815(U)
Decided on May 16, 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.



May 16, 2019

349 W. 53rd St. Inc. v Houssen, Mohamed

It is Ordered that the respondent-appellant's motion seeking to stay the enforcement of the final judgment and warrant of eviction is granted on condition that the respondent-appellant: 1) perfects the appeal by no later than the October 2019 term - the filing deadline for which is August 7, 2019, and 2) pays the petitioner-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 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., Ling-Cohan, Edmead, J.J.

Motion No. 570281/19