Marble Hill Props., Inc. v. Salcedo

Full title: Marble Hill Props., Inc v. Salcedo, Heidy

Court: Supreme Court, Appellate Term, First Department

Date published: Aug 6, 2015

2015 N.Y. Slip Op. 81162 (N.Y. App. Term 2015)

Opinion

Motion No: 570612/15

08-06-2015

Marble Hill Props., Inc v. Salcedo, Heidy

Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

It is Ordered that the motion and cross motion are consolidated for disposition.

It is further Ordered that the landlord-respondent's cross-motion is denied.

It is further Ordered that the tenant-appellant's motion for a stay is granted on condition that the tenant-appellant: (1) perfects her appeal by no later than the November 2015 term the filing deadline for which is September 10, 2015; and (2) continues to pay landlord accruing use and occupancy in the amount reserved in the most recent lease agreement on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with these conditions, landlord-respondent may move, on five days notice, for an order vacating the stay.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.