Opinion
Motion No. 570086/24
10-24-2024
DS 30 Morningside Master Tenant, LLC v. Hormeku, Mawuli K.
Unpublished Opinion
MOTION DECISION
Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion of the respondent-appellant seeking a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfect his appeal by no later than the March 2025 term, the filing deadline for which is January 7, 2025; (2) post an undertaking in the Civil Court in the amount of $125,190.00, to secure the judgment amount of $71,190.00 entered on June 18, 2024, as well as accrued use and occupancy for the period covering February 2024 through October 2024 at the rate of $5,400.00, on or before November 15, 2024; and (3) pay accruing use and occupancy in the amount of $5,400.00 to the petitioner-landlord 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.