| 80 Varick St. Group, L.P. v Lutz, Darlene |
| Motion No: 571174/25 |
| Slip Opinion No: 2025 NY Slip Op 78160(U) |
| Decided on October 7, 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. |
October 7, 2025
80 Varick St. Group, L.P. v Lutz, Darlene
It is Ordered that the motion of the respondent-appellant seeking to stay the re-letting of the subject apartment and the removal of the respondent-appellant's property pending appeal is granted. The respondent-appellant shall perfect her appeal on of before the February 2026 term, the filing deadline for which is December 9, 2025. Respondent's briefs are to be filed on or before December 30, 2025; reply briefs, if any, are due on January 9, 2026.
It is further Ordered that respondent-appellant shall pay accruing use and occupancy to the petitioner-respondent in the amount of $2,262.44 per month (the amount charged in the most recent rental agreement) commencing October 15, 2025, without prejudice. Thereafter, respondent-
appellant shall pay accruing use and occupancy 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-respondent may move, on five days notice, for an order vacating the stay.
By: James, P.J., Tisch, Perez, J.J.
Motion No. 571174/25