Opinion
Motion No: 570361/15
07-14-2015
Einhorn, Jonathan v. McCloud, C. & Martin, M.
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that the cross-motion of the landlord-respondent to dismiss the appeal and vacate the stay of the execution of the warrant of eviction is granted, unless the tenant-appellant Maya Martin perfects her appeal by no later than the November 2015 term the filing deadline for which is September 10, 2015. The tenant-appellant shall continue to pay the landlord use and occupancy in the amount reserved in the most recent lease agreement between the landlord and the tenant of record, on or before each subsequent rental due date, without prejudice. In the event of the tenant-appellant Maya Martin's failure to comply with the foregoing conditions, the landlord-respondent may move, on five days notice, for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.