21 Broadway Terrace Assocs LLC v Rodriguez, Victor & Kenya



21 Broadway Terrace Assocs LLC v Rodriguez, Victor & Kenya
Motion No: 570746/19
Slip Opinion No: 2020 NY Slip Op 60247(U)
Decided on January 7, 2020
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.



January 7, 2020

21 Broadway Terrace Assocs LLC v Rodriguez, Victor & Kenya

It is Ordered that the motion of the tenants-appellants seeking a stay of the enforcement of the final judgment and warrant of eviction is granted on condition that tenants-appellants: (1) perfect their appeal by no later than the May 2020 term the filing deadline for which is March 10, 2020. Respondent's briefs are to be filed on or before March 31, 2020; reply briefs, if any, are to be filed on or before April 7, 2020; (2) pays landlord-respondent accruing use and occupancy in the amount reserved in the most recent lease agreement on each subsequent rental due date, without prejudice; and (3) tenant-appellant Victor Rodriguez complies with the provisions of the stipulation of settlement dated January 23, 2018, and refrain from committing and/or causing any of the activities specified in the notices of termination and the petition filed in the instant matter. In the event of the tenants-appellants' failure to comply with the foregoing conditions, landlord-respondent may move, on five days notice, for an order vacating the stay.

By: Shulman, Cooper, Edmead, J.J.

Motion No. 570746/19