Tenant Must Pay Use and Occupancy While Appeal Pending

Landlord sued to evict tenant based on tenant's failure to renew his lease under the ETPA. The court ruled for landlord, awarding him possession. Tenant filed a notice of appeal and asked the court to delay the warrant of eviction. The court agreed to do so on the condition that tenant pay use and occupancy for the apartment while the appeal was pending.

[daSilva v. Issavi: Index No. SP1864-92 (9/18/92) (City Ct. Yonkers; Weingarten, J)]. 2-page document.