| Nagle Bldg. Inc. v Santiesteban, Carmen |
| Motion No: 570319/19 |
| Slip Opinion No: 2019 NY Slip Op 73510(U) |
| Decided on June 21, 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. |
June 21, 2019
Nagle Bldg. Inc. v Santiesteban, Carmen
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 November 2019 term - the filing deadline for which is September 10, 2019 and 2) pays landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, landlord-respondent may move, on five days notice, for an order vacating the stay.
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570319/19