| West 48th Holdings LLC v Herrera, Sonia & Margarita |
| Motion No: 570519/19 |
| Slip Opinion No: 2019 NY Slip Op 78730(U) |
| Decided on September 3, 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. |
September 3, 2019
West 48th Holdings LLC v Herrera, Sonia & Margarita
It is Ordered that the motion of the respondents-appellants seeking to stay the enforcement of the final judgment and warrant of eviction pending the determination of the appeal is granted on condition that the respondents-
appellants: (1) perfect their appeal by no later than the December 2019 term, the filing deadline for which is October 7, 2019; (2) pay the petitioner-respondent 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. J.J.
Motion No. 570519/19