Wilber v. Abare

OPINION OF THE COURT

Frank M. Klinger, J.

The question presented by this case is whether the stay provided by RPAPL 751 (1), which appears to be mandatory, is of permanent duration or whether, being a "stay”, it can be limited by the court to some particular period of time.

Rasch, New York Landlord & Tenant — Summary Proceedings (vol 3, § 1419, at 254 [2d ed]) regarding the analysis of RPAPL 751 (1) states that "Upon paying into court before the issuance of a warrant the determined amount of unpaid rent * ** * together with interest, penalty, and costs, the landlord’s right to dispossess…