| Merritt Ave. LLC v Empire Scaffolding Sys., Inc. |
| Motion No: 570337/22 |
| Slip Opinion No: 2022 NY Slip Op 72218(U) |
| Decided on September 26, 2022 |
| 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. |
September 26, 2022
Merritt Ave. LLC v Empire Scaffolding Sys., Inc.
It is Ordered that the respondent-appellant's motion seeking an order staying the enforcement of the final judgment and execution of the warrant of eviction is granted on condition that respondent-appellant: (1) perfects their appeal by no later than the February 2023 term, the filing deadline for which is December 13, 2022; (2) pays outstanding arrears in the amount of $141,661.00 to the petitioner-landlord on or before October 3, 2022. Said sum represents the judgment amount of $99,996.00 entered on May 2, 2022, plus outstanding arrears from May through September 2022, at $8,333.00 per month in the amount of $41,665.00; and (3) pays ongoing use and occupancy in the amount of $8,333.00 on or before each subsequent rental due date, without prejudice. SEE ORDER.
By: Edmead, P,J., Hagler, Tisch, J.J.
Motion No. 570337/22