2012 New York Consolidated Laws
RPA - Real Property Actions & Proceedings
Article 7 - (701 - 767) SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
751 - Stay upon paying rent or giving undertaking; discretionary stay outside city of New York.

 
    § 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.
    * 4. (a) In a proceeding to recover the possession of premises outside
  the  city  of New York occupied for dwelling purposes, other than a room
  or rooms in an hotel, lodging house or rooming house,  upon  the  ground
  that  the  occupant  is holding over and continuing in possession of the
  premises after the expiration of his term and without the permission  of
  the  landlord,  or,  in  a  case  where  a  new  lessee  is  entitled to
  possession, without the permission of the  new  lessee,  the  court,  on
  application of the occupant, may stay the issuance of a warrant and also
  stay  any  execution to collect the costs of the proceeding for a period
  of not more than four months, if it appears that the premises  described
  in  the petition are used for dwelling purposes; that the application is
  made in good faith; that the applicant cannot  within  the  neighborhood
  secure  suitable  premises  similar to those occupied by him and that he
  made due and reasonable efforts to secure such other premises,  or  that
  by  reason  of  other facts it would occasion extreme hardship to him or
  his family if the stay were not granted.
    (b) Such stay shall be granted and continue effective  only  upon  the
  condition  that  the  person  against whom the judgment is entered shall
  make a deposit in court of  the  entire  amount,  or  such  installments
  thereof  from  time to time, as the court may direct, for the occupation
  of the premises for the period of the stay, at the rate for which he was
  liable as rent for the month immediately prior to the expiration of  his
  term  or  tenancy, plus such additional amount, if any, as the court may
  determine to be the difference between such rent and the reasonable rent

  or value of the use and occupation of the premises; such  deposit  shall
  also  include  all  rent  unpaid  by the occupant prior to the stay. The
  amount of such deposit  shall  be  determined  by  the  court  upon  the
  application  for  the  stay  and  such  determination shall be final and
  conclusive in respect to the amount of  such  deposit,  and  the  amount
  thereof   shall  be  paid  into  court,  in  such  manner  and  in  such
  installments, if any, as the court may direct. A separate account  shall
  be  kept  of  the  amount to the credit of each proceeding, and all such
  payments shall be deposited in a bank or  trust  company  and  shall  be
  subject  to  the  check  of  the clerk of the court, if there be one, or
  otherwise of the court. The clerk of the court, if  there  be  one,  and
  otherwise  the  court  shall  pay to the landlord or his duly authorized
  agent, the amount of such deposit in accordance with the  terms  of  the
  stay or the further order of the court.
    (c) The provisions of this subdivision shall not apply to a proceeding
  where  the  petitioner  shows  to  the satisfaction of the court that he
  desires in good faith to  recover  the  premises  for  the  purposes  of
  demolishing  same  with  the  intention  of constructing a new building,
  plans for which new building shall have been duly filed and approved  by
  the  proper  authority;  nor  shall  it apply to a proceeding to recover
  possession upon the ground that an  occupant  is  holding  over  and  is
  objectionable if the landlord shall establish to the satisfaction of the
  court that such occupant is objectionable.
    (d)  Any  provision  of a lease or other agreement whereby a lessee or
  tenant waives any provision of this subdivision shall be deemed  against
  public policy and void.
    (e)  The  provisions of this subdivision shall continue in effect only
  until September first, nineteen hundred sixty-seven.
    * NB Expired September 1, 1967