321 E. 69th St. LLC v James, Vernon



321 E. 69th St. LLC v James, Vernon
Motion No: 570450/24
Slip Opinion No: 2025 NY Slip Op 63994(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

321 E. 69th St. LLC v James, Vernon

It is Ordered that the motion of the respondent-appellant for an order staying the re-letting of the subject premises and the removal of the respondent-appellant's property is granted on condition that the respondent-appellant: (1) perfects his appeal by the June 2025 term, the filing deadline for which is April 8, 2025; (2) posts an undertaking in the Civil Court in the amount of $33,582.38, representing the rental arrears owed to the petitioner-landlord through March 2025, to the extent not already paid, on or before March 21, 2025, without prejudice; and (3) pay accruing use and occupancy in the amount of $1,529.97, on or before each subsequent rental due date, without prejudice.

In the event the respondent-appellant fails to comply with the foregoing conditions, the petitioner-landlord, may move on five days notice, for an order vacating the stay.

By: Hagler, P.J., Tisch, James, J.J.

Motion No. 570450/24