Opinion
Motion No. 570308/24
11-08-2024
Manhattan Promenade LLC v. Cheng, Dan & Sun, Shali
Unpublished Opinion
MOTION DECISION
Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion of the respondents-appellants seeking a stay of the enforcement of the final judgment and warrant of eviction pending appeal is granted on condition that respondents-appellants: (1) perfect their 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 $84,480.00, to secure the judgment amount of $67,980.00 plus $16,500.00, representing six months of accrued use and occupancy at the rate of $2,750.00 per month, through October 2024, on or before November 22, 2024; and (3) pay accruing use and occupancy to the petitioner landlord in the amount of $2,750.00 on or before each subsequent rental due date, without prejudice.
In the event the respondents-appellants fail to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.