Legislation

Search OpenLegislation Statutes
This entry was published on 2019-06-28
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 751
Stay upon paying rent or giving undertaking; discretionary stay outside city of New York
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 751. Stay upon paying rent or giving undertaking; discretionary stay
outside city of New York. The respondent may, at any time before a
warrant is issued, stay the issuing thereof and also stay an execution
to collect the costs, as follows:

1. Where the lessee or tenant holds over after a default in the
payment of rent, or of taxes or assessments, he may effect a stay by
depositing the amount of the rent due or of such taxes or assessments,
and interest and penalty, if any thereon due, and the costs of the
special proceeding, with the clerk of the court, or where the office of
clerk is not provided for, with the court, who shall thereupon, upon
demand, pay the amount deposited to the petitioner or his duly
authorized agent; or by delivering to the court or clerk his undertaking
to the petitioner in such sum as the court approves to the effect that
he will pay the rent, or such taxes or assessments, and interest and
penalty and costs within ten days, at the expiration of which time a
warrant may issue, unless he produces to the court satisfactory evidence
of the payment.

2. Where the lessee or tenant has taken the benefit of an insolvency
statute or has been adjudicated a bankrupt, he may effect a stay by
paying the costs of the special proceeding and by delivering to the
court or clerk his undertaking to the petitioner in such a sum as the
court approves to the effect that he will pay the rent of the premises
as it has become or thereafter becomes due.

3. Where he continues in possession of real property which has been
sold by virtue of an execution against his property, he may effect a
stay by paying the costs of the special proceeding, and delivering to
the court or clerk an affidavit that he claims the possession of the
property by virtue of a right or title acquired after the sale or as
guardian or trustee for another; together with his undertaking to the
petitioner in such a sum as the court approves to the effect that he
will pay any costs and damages which may be recovered against him in an
action to recover the property brought against him by the petitioner
within six months thereafter; and that he will not commit any waste upon
or injury to the property during his occupation thereof.