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Posted by louis on July 19, 2000 at 00:08:36:

In Reply to: Re: Please help (victory? now what? post) posted by TBONE on July 18, 2000 at 18:32:05:

: 1) What does the PAR order state at the end of the order. It should say how to collect. I believe that you may deduct money off the rent immediatley as the Par was in your favor, however you can't get a lump sum payment until the you know whether or not the owner filed a Article 78 as you must enter the order as a judgement against the owner in court.

The PAR says nothing on that. My question is quite simple--if the landlord appeals in an Art. 78, can I still withhold from the rent? Or is that automatically stayed pending conclusion of the court proceedings? That's what I'm trying to figure out here.

Follow Ups:

• Re: Please help (victory? now what? post) kristin 07/19/00 (1)
  • Re: Please help (victory? now what? post) louis 07/19/00 (0)

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: : 1)  What does the PAR order state at the end of the order.  It should say how to collect.  I believe that you may deduct money off the rent immediatley as the Par was in your favor, however you can't get a lump sum payment until the you know whether or not the owner filed a Article 78 as you must enter the order as a judgement against the owner in court.  

: The PAR says nothing on that. My question is quite simple--if the landlord appeals in an Art. 78, can I still withhold from the rent? Or is that automatically stayed pending conclusion of the court proceedings? That's what I'm trying to figure out here. 


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