Opinion
Motion No: 570500/11
08-18-2011
610 LLC. v. Lewis, Albert et al.
It is Ordered that this Court's order of July 19, 2011 is hereby recalled and vacated pursuant to the stipulation entered into by the parties. It is Further Ordered that respondents-appellants' motion for a stay is granted on condition that appellants: 1- perfect their appeal by no later than the December 2011 term - the filing deadline is October 11, 2011; 2- tender to petitioner, by August 31, 2011, use and occupancy for the period May 2011 through August 2011 in the rental amount specified in the lease agreement governing respondent Albert Lewis' tenancy, if such amount has not already been tendered; and 3-continue to pay landlord accruing use and occupancy in the same amount by the 10th day of each subsequent month, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days' notice for an order vacating the stay.
By: , J.P., Shulman, Torres., J.J.