| DS 30 Morningside Master Tenant, LLC v Hormeku, Mawuli K. |
| Motion No: 570086/24 |
| Slip Opinion No: 2024 NY Slip Op 77172(U) |
| Decided on October 24, 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. |
October 24, 2024
DS 30 Morningside Master Tenant, LLC v Hormeku, Mawuli K.
It is Ordered that the motion of the respondent-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfect his appeal by no later than the March 2025 term, the filing deadline for which is January 7, 2025; (2) post an undertaking in the Civil Court in the amount of $125,190.00, to secure the judgment amount of $71,190.00 entered on June 18, 2024, as well as accrued use and occupancy for the period covering February 2024 through October 2024 at the rate of $5,400.00, on or before November 15, 2024; and (3) pay accruing use and occupancy in the amount of $5,400.00 to the petitioner-landlord on or before each subsequent rental due date, without prejudice.
In the event the 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. 570086/24