Tenant Must Pay Use and Occupancy While Appeal Pending

April 30, 1997

LVT Number: 11441

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The eviction was delayed while tenant's appeal was pending, and tenant asked the trial court to set an amount to be paid during the time. The court ruled that tenant must pay landlord monthly use and occupancy in the amount of the last rent for the apartment until the appeal was decided. If tenant didn't pay, landlord could ask the court for permission to proceed with the eviction.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The eviction was delayed while tenant's appeal was pending, and tenant asked the trial court to set an amount to be paid during the time. The court ruled that tenant must pay landlord monthly use and occupancy in the amount of the last rent for the apartment until the appeal was decided. If tenant didn't pay, landlord could ask the court for permission to proceed with the eviction.

Moskowitz v. Rassbach: NYLJ, p. 29, col. 2 (4/2/97) (Civ. Ct. NY; Malatzky, J)

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