| 400 E58 Owner LLC v Herrnson, Samuel |
| Motion No: 570530/19 |
| Slip Opinion No: 2020 NY Slip Op 63570(U) |
| Decided on February 26, 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 26, 2020
400 E58 Owner LLC v Herrnson, Samuel
It is Ordered that the motion respondent-appellant's motion seeking a stay of the enforcement of the judgment and warrant of eviction is granted on condition that respondent-appellant: (1) perfects his appeal by no later than the September 2020 Term - the filing deadline for which is July 15, 2020; (2) posts an undertaking in the amount of $51,123.96, representing rent arrears pursuant to the final judgment entered January 7, 2020, on or before March 11, 2020; (3) pay use and occupancy to petitioner in the amount of $3,903.53 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with any of 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. 570530/19