| Le Premier Condominium v Fleischman, Denise |
| Motion No: 570682/24 |
| Slip Opinion No: 2025 NY Slip Op 63991(U) |
| Decided on March 4, 2025 |
| 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 4, 2025
Le Premier Condominium v Fleischman, Denise
It is Ordered that the motion for a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfect her appeal by no later than the June 2025 Term, the filing deadline for which is April 8, 2025; (2) post an undertaking in the Civil Court in the amount of $30,400.00, to secure the judgment in the amount of $25,600.00, plus $4,800, representing three months of use and occupancy at the rate of $1,600.00 per month, through March 2025, on or before March 17, 2025; (3) pay accruing use and occupancy to the petitioner-landlord in the amount of $1,600.00, 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. 570682/24