5th & 106th St. Assoc. L.P. v Hunt, Martha



5th & 106th St. Assoc. L.P. v Hunt, Martha
Motion No: 570641/19
Slip Opinion No: 2019 NY Slip Op 85614(U)
Decided on December 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.



December 5, 2019

5th & 106th St. Assoc. L.P. v Hunt, Martha

It is Ordered that the motion of the respondent-appellant is granted on condition that the respondent-appellant: (1) perfect her appeal on or before the April 2020 term the filing deadline for which is February 13, 2020. Respondent's briefs are to be filed on or before March 5, 2020; reply briefs, if any, are to be filed on or before March 13, 2020; and (2) continue to pay 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 the respondent-appellant fails 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.

Motion No. 570641/19