Posted by Mark Smith on June 29, 2000 at 07:25:41:
In a unanimous decision, the Appellate Term, Second Department (not Manhattan and the Bronx) has held that Section 747-a of the Real Property Actions and Proceedings Law is unconstitutional.
That section precludes a tenant from getting a stay of eviction unless the tenant deposits with the court the amount of the judgment for rent. The court held that RPAPL §747-a denies a court its inherent power to maintain the status quo while a case or appeal is pending.
This decision is in direct conflict with a decision of the Appellate Division, First Department (Manhattan and the Bronx), which upheld the constitutionality of RPAPL §747-a. It will be interesting to see if the landlord will be able to appeal this unanimous decision to the Appellate Division, Second Department.
The tenant was not represented by an attorney, and submitted no brief on the appeal. Ultimately, the Court of Appeals, New York's highest court, may decide the issue.
New York Law Journal, June 29, 2000: Tenant Deposits Not Required For Stays of Eviction
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