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GRP REALTY CORP., Petitioner,<BR> v. <BR>ISRAEL BARUCK et al., Respondents.

CPLR 2201 grants the court power to stay a proceeding upon such terms as may be just, except where otherwise prescribed by law. It is appropriate whether under CPLR 5519 (a) (6) or (c) to fix an undertaking under just terms. (Siegel, NY Prac § 535 [3d ed].) The judgment of possession by stipulation provided for a warrant stayed through January 10, 2000. A subsequent stipulation provided for eviction on or after April 3, 2000 with February and March use and occupation of $1,500 per month. The court finds it appropriate to fix a cash or surety undertaking at $1,500 per month commencing April 1, 2000 until June 30, 2000, plus one month security, the total sum of $6,000 to be filed with the court by June 26, 2000. Use and occupancy shall be paid in the monthly sum of $1,500 commencing July 1, 2000. Respondents shall perfect their appeal by July 20, 2000. The warrant of eviction is stayed upon the filing of the undertaking.

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GRP Realty Corp. v. Baruck
(Jun 21, 2000)