| Housing Dev. Assoc. LLC v Fitzgerald, Kerry |
| Motion No: 570062/20 |
| Slip Opinion No: 2020 NY Slip Op 62727(U) |
| Decided on February 11, 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. |
February 11, 2020
Housing Dev. Assoc. LLC v Fitzgerald, Kerry
It is Ordered that the motion of the tenant-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction is granted on condition that tenant-appellant: (1) perfect his appeal by no later than the June 2020, term the filing deadline for which is April 7, 2020; and (2) pays landlord-respondent accruing use and occupancy based on the most-recent monthly rent due, on or before the rental due date each month, without prejudice. In the event of tenant-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. 570062/20