| 361 E. 50th St. LLC v Lupo, Maureen |
| Motion No: 571409/25 |
| Slip Opinion No: 2025 NY Slip Op 82138(U) |
| Decided on December 10, 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. |
December 10, 2025
361 E. 50th St. LLC v Lupo, Maureen
It is Ordered that the motion of the respondent-appellant seeking a stay pending appeal is granted on condition that the respondent-appellant; (1) perfect her appeal on or before the April 2026 term, the filing deadline for which is February 11, 2026. Respondent's briefs are to be filed by no later than March 5, 2026; reply briefs, if any, are due on March 1, 2026; and (2) pay accruing use an occupancy to the landlord in the amount reserved in the most recent lease agreement, 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: James, P.J., Perez, Alpert, J.J.
Motion No. 571409/25