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