Opinion
Motion No. 570014/24
04-09-2024
Li, Hui Min v. Teixeira, Silene Matulis et. al.
Unpublished Opinion
MOTION DECISION
Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that the respondent-appellants application seeking an order staying the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondent-appellant: (1) perfects her appeal by no later than the September 2024 term the filing deadline for which is July 9, 2024; (2) pays landlord use and occupancy for the months of March and April 2024, to the extent not already paid, in the amount of $18,600.00, on or before April 19, 2024; and (3) continues to pay landlord accruing use and occupancy in the amount of $9,300.00, the amount reserved in the most recent lease agreement, on or before each subsequent rental due date, without prejudice.
In the event that respondent-appellant fails to comply with the foregoing conditions, petitioner-respondent may move, on five days notice, for an order vacating the stay.
It is further Ordered that the cross-motion of the petitioner-respondent seeking an order directing the release of the funds deposited by the respondent-appellant pursuant to CPLR 5519(a) as an undertaking pending appeal is denied. That portion of the petitioner-respondent's cross-motion seeking an order directing the respondent-appellant to post an undertaking with the court is denied as moot. Respondent-appellant has previously deposited $148,700.00 with the New York City Department of Finance pursuant to CPLR 5519(a).