| Morningside Assoc., LLC v Bethea, Vander |
| Motion No: 570626/19 |
| Slip Opinion No: 2019 NY Slip Op 85349(U) |
| Decided on December 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. |
December 3, 2019
Morningside Assoc., LLC v Bethea, Vander
It is Ordered that the motion of the petitioner-respondent is denied, without prejudice to its renewal. Respondent-appellant shall pay petitioner-respondent outstanding use and occupancy from September through November 2019, in the amount reserved in the most recent lease agreement on or before December 16, 2019, without prejudice; and (2) pay 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 respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay and dismissing the appeal.
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570626/19