| Logan Plaza LLC v Terry, Fawn |
| Motion No: 570077/24 |
| Slip Opinion No: 2024 NY Slip Op 69472(U) |
| Decided on June 14, 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. |
June 14, 2024
Logan Plaza LLC v Terry, Fawn
It is Ordered that the motion of the respondent-appellant seeking a stay of the final judgment and the execution of the warrant of eviction pending the determination of respondent-appellant's appeal is granted on condition that the respondent-appellant: (1) perfect her appeal; by no later than the November 2024 term - the filing deadline for which is September 9, 2024 and (2) continue to pay landlord- respondent ongoing use and occupancy in the amount reserved in the most recent lease agreement [$1,074.36 as per the decision and order dated December 11, 2023 (Stoller,J.)], on or before each subsequent rental due date, without prejudice.
In the event the respondent-appellant's fails to comply with the foregoing conditions, landlord-respondent may move, on five days notice, for a order vacating the stay.
By: Hagler, P.J., Brigantti, Perez, J.J.
Motion No. 570077/24