Zane v. Kellner

Order, Supreme Court, New York County (Harold Tompkins, J.), entered December 19, 1996, which, insofar as appealed from, granted plaintiff’s motion for use and occupancy in the amount of $4,300 a month, *209and denied defendant’s cross motion to dismiss the causes of action for rent arrears and use and occupancy, unanimously modified, on the law and the facts, to the extent of directing defendant to deposit $4,300 with the Clerk of Civil Court beginning on the first day of the first month after entry of this order, and to continue to do so until such time as plaintiff obtains a certificate of…