Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)

Citation: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Parent Document: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-18
Original Source: https://www.courtlistener.com/opinion/10358208/tibta-v-156-e-21-llc/ ↗

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Petitioner avers to relying on the kindness of friends and colleagues for shelter; respondents aver that petitioner has not paid rent in years but that they are now receiving $1,600 each month from Omar who is a steady tenant. Thus, as in Utsey and De Camp, an undertaking cannot readily be determined from quantifiable losses incurred by the parties. However, requiring nothing from respondents as they appeal a decision rendered after a two-day trial  while they remain comfortably in possession of petitioner's apartment and petitioner remains out of possession — would place a premium on self-help eviction even after a judgment of possession against the wrongdoer has entered. Accordingly, this court will set the mandatory undertaking pending appeal pursuant to CPLR 5519 (a) (6) in the amount of the value of apartment 1C to respondents. (Utsey, supra.) This amount is readily determined to be $1,600, the amount respondent 156 E 21 LLC is collecting from respondent Omar for use and occupancy per month. Finally, it is reasonable to anticipate that "the estimated time for an appeal to be decided is approximately 2 years." (Gur Assocs. LLC v Convenience on Eight Corp., 83 Misc 3d 903, 908 [Civ Ct, New York County 2024].)

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