Galsack Realty Corp. v. Felipe, 091718 NYAPP1, 2018-83634

Party NameGalsack Realty Corp. v. Felipe, Ana
Judge PanelShulman, P.J., Cooper, Edmead, J.J.
Case DateSeptember 17, 2018

Galsack Realty Corp.

v.

Felipe, Ana

No. 2018-83634

Motion No. 570662/18

Supreme Court of New York, First Department

September 17, 2018

Unpublished Opinion

MOTION DECISION

Shulman, P.J., Cooper, Edmead, J.J.

It is Ordered that the respondent-appellant's motion seeking to stay the execution of the judgment and warrant of eviction pending the determination of the appeal is granted on condition that: 1) respondent-appellant perfect her appeal by no later than the January 2019 term - the filing deadline for which is November 7, 2018 and 2) respondent-appellant pay landlord accruing use and occupancy in the amount reserved in the last renewal lease on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-respondent may move on five days notice for an order vacating the stay.

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