| 2041 Holland Assoc. LLC v Rugova, Riza |
| Motion No: 570084/24 |
| Slip Opinion No: 2024 NY Slip Op 64955(U) |
| Decided on March 28, 2024 |
| 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. |
March 28, 2024
2041 Holland Assoc. LLC v Rugova, Riza
It is Ordered that the motion of the respondent-appellant, seeking an order staying the enforcement of the final judgment and warrant of eviction, is granted on condition that the respondent-appellant: (1) perfect his appeal on or before the September 2024 term, the filing deadline for which is July 9, 2024; (2) posts an undertaking in the amount of $62,954.86 representing the judgment after trial [$44, 561.06] plus ten months use and occupancy [$1,932.49 - $93.11 SCRIE credit = $1,839.38], on or before April 15, 2024; (3) and pay ongoing use and occupancy in the amount of $1,839.38 [$1,932.49 - $93.11 SCRIE credit], on or before the rental due date, without prejudice.
In the event the respondent-appellant fails to comply with the foregoing condition, the petitioner-
respondent may move, on five days notice, for an order vacating the stay.
By: Hagler, P.J., Tisch, Perez, J.J.
Motion No. 570084/24