| West 92nd St. Assoc. LLC v Savas, Jason |
| Motion No: 570754/24 |
| Slip Opinion No: 2024 NY Slip Op 80753(U) |
| Decided on December 20, 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. |
December 20, 2024
West 92nd St. Assoc. LLC v Savas, Jason
It is Ordered that the motion of the respondent-appellant seeking an order staying the enforcement of the final judgment and warrant of eviction, pending the determination of respondent-appellant's appeal is granted on condition that the respondent-appellant: (1) perfect his appeal by no later than the May 2025 term the filing deadline for which is March 11, 2025. Respondent's briefs are to be filed on or before April 2, 2025; reply briefs, if any, are due on April 10, 2025; (2) posts an undertaking in the Civil Court in the amount of $105,748.50 to secure the judgment amount of $89,726.00 entered with the New York County Civil Court on August 23, 2024 plus $16,022.50 which represents use and occupancy for the period from August 2024 through December 2024, on or before January 10, 2025, without prejudice; and (3) pay accruing use and occupancy to the petitioner landlord in the amount of $3,204.50, 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., Brigantti, Tisch, J.J.
Motion No. 570754/24