N.Y. Real Property Actions & Proceedings Law § 751

§ 751. Stay upon paying rent or giving undertaking; discretionary stay\noutside city of New York. The respondent may, at any time before a\nwarrant is issued, stay the issuing thereof and also stay an execution\nto collect the costs, as follows:\n 1. Where the lessee or tenant holds over after a default in the\npayment of rent, or of taxes or assessments, he may effect a stay by\ndepositing the amount of the rent due or of such taxes or assessments,\nand interest and penalty, if any thereon due, and the costs of the\nspecial proceeding, with the clerk of the court, or where the office of\nclerk is not provided for, with the court, who shall thereupon, upon\ndemand, pay the amount deposited to the petitioner or his duly\nauthorized agent; or by delivering to the court or clerk his undertaking\nto the petitioner in such sum as the court approves to the effect that\nhe will pay the rent, or such taxes or assessments, and interest and\npenalty and costs within ten days, at the expiration of which time a\nwarrant may issue, unless he produces to the court satisfactory evidence\nof the payment.\n 2. Where the lessee or tenant has taken the benefit of an insolvency\nstatute or has been adjudicated a bankrupt, he may effect a stay by\npaying the costs of the special proceeding and by delivering to the\ncourt or clerk his undertaking to the petitioner in such a sum as the\ncourt approves to the effect that he will pay the rent of the premises\nas it has become or thereafter becomes due.\n 3. Where he continues in possession of real property which has been\nsold by virtue of an execution against his property, he may effect a\nstay by paying the costs of the special proceeding, and delivering to\nthe court or clerk an affidavit that he claims the possession of the\nproperty by virtue of a right or title acquired after the sale or as\nguardian or trustee for another; together with his undertaking to the\npetitioner in such a sum as the court approves to the effect that he\nwill pay any costs and damages which may be recovered against him in an\naction to recover the property brought against him by the petitioner\nwithin six months thereafter; and that he will not commit any waste upon\nor injury to the property during his occupation thereof.\n * 4. (a) In a proceeding to recover the possession of premises outside\nthe city of New York occupied for dwelling purposes, other than a room\nor rooms in an hotel, lodging house or rooming house, upon the ground\nthat the occupant is holding over and continuing in possession of the\npremises after the expiration of his term and without the permission of\nthe landlord, or, in a case where a new lessee is entitled to\npossession, without the permission of the new lessee, the court, on\napplication of the occupant, may stay the issuance of a warrant and also\nstay any execution to collect the costs of the proceeding for a period\nof not more than four months, if it appears that the premises described\nin the petition are used for dwelling purposes; that the application is\nmade in good faith; that the applicant cannot within the neighborhood\nsecure suitable premises similar to those occupied by him and that he\nmade due and reasonable efforts to secure such other premises, or that\nby reason of other facts it would occasion extreme hardship to him or\nhis family if the stay were not granted.\n (b) Such stay shall be granted and continue effective only upon the\ncondition that the person against whom the judgment is entered shall\nmake a deposit in court of the entire amount, or such installments\nthereof from time to time, as the court may direct, for the occupation\nof the premises for the period of the stay, at the rate for which he was\nliable as rent for the month immediately prior to the expiration of his\nterm or tenancy, plus such additional amount, if any, as the court may\ndetermine to be the difference between such rent and the reasonable rent\nor value of the use and occupation of the premises; such deposit shall\nalso include all rent unpaid by the occupant prior to the stay. The\namount of such deposit shall be determined by the court upon the\napplication for the stay and such determination shall be final and\nconclusive in respect to the amount of such deposit, and the amount\nthereof shall be paid into court, in such manner and in such\ninstallments, if any, as the court may direct. A separate account shall\nbe kept of the amount to the credit of each proceeding, and all such\npayments shall be deposited in a bank or trust company and shall be\nsubject to the check of the clerk of the court, if there be one, or\notherwise of the court. The clerk of the court, if there be one, and\notherwise the court shall pay to the landlord or his duly authorized\nagent, the amount of such deposit in accordance with the terms of the\nstay or the further order of the court.\n (c) The provisions of this subdivision shall not apply to a proceeding\nwhere the petitioner shows to the satisfaction of the court that he\ndesires in good faith to recover the premises for the purposes of\ndemolishing same with the intention of constructing a new building,\nplans for which new building shall have been duly filed and approved by\nthe proper authority; nor shall it apply to a proceeding to recover\npossession upon the ground that an occupant is holding over and is\nobjectionable if the landlord shall establish to the satisfaction of the\ncourt that such occupant is objectionable.\n (d) Any provision of a lease or other agreement whereby a lessee or\ntenant waives any provision of this subdivision shall be deemed against\npublic policy and void.\n (e) The provisions of this subdivision shall continue in effect only\nuntil September first, nineteen hundred sixty-seven.\n * NB Expired September 1, 1967\n