| Montgomery Ave. Realty Assoc., LP v "Doe", Malik |
| Motion No: 570475/22 |
| Slip Opinion No: 2022 NY Slip Op 73710(U) |
| Decided on October 27, 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. |
October 27, 2022
Montgomery Ave. Realty Assoc., LP v "Doe", Malik
It is Ordered that the motion of the respondent-appellant is granted on condition that the respondent-appellant: (1) perfect his appeal on or before the March 2023 term, the filing deadline for which is January 10, 2023; (2) pays the petitioner-landlord use and occupancy for the months of October and November 2022, in the amount of $2,093.86, on or before November 14, 2022, without prejudice; and (3) continues to pay petitioner-landlord ongoing use and occupancy in the amount of $1,046.93, on or before each subsequent rental due date, without prejudice.
In the event the respondent-appellant fails to comply with the foregoing conditions, the petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Edmead, P,J., Hagler, Tisch, J.J.
Motion No. 570475/22