| 244 E 90 5B LLC v Nessing, Ryan |
| Motion No: 570101/23 |
| Slip Opinion No: 2023 NY Slip Op 71898(U) |
| Decided on August 17, 2023 |
| 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. |
August 17, 2023
244 E 90 5B LLC v Nessing, Ryan
It is Ordered that the motion of the respondent-appellant seeking a stay pending appeal is granted on condition that the respondent-appellant: (1) perfect his appeal by the December 2023 term, the filing deadline for which is October 11, 2023; (2) post an undertaking in the Civil Court in the amount of $34,200.00 on or before August 28, 2023; (3) pay July and August 2023, use and occupancy to the landlord in the amount of $4,190.00, on or before August 28, 2023; and (4) pay accruing use and occupancy to the landlord, in the amount of $2,095.00 per month on or before each subsequent rental due date, without prejudice.
In the event respondent-appellant fails to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570101/23