Opinion
Motion No. 2021-00068 Motion No. 2021-00490
03-18-2021
33/34 West Owner LLC and SLG 315 West LLC, Plaintiffs-Respondents, v. Quik Park Truffles LLC and RL Holdings II LLC, Defendants-Appellants, Rafael Llopiz, "ABC Co." and "XYZ Corp.", Defendants.
Present - Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Jeffrey K. Oing Saliann Scarpulla, Martin Shulman, Justices. Index No. 157631/20
Case Nos. 2021-00100 2021-00497
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered (i) on or about January 8, 2021, which, among other things, directed appellants to tender back rent and ongoing use and occupancy, (ii) on or about February 9, 2021, which amended the order entered on or about January 8, 2021, and (iii) on or about February 9, 2021, which directed appellants to post a bond in the total amount of $424,618.32 within 10 days of the date of the order,
And defendants-appellants having moved for an order granting a preliminary injunction and/or otherwise tolling the running of the time period set forth in the Order, entered on or about January 8, 2021, pending the hearing and determination of the appeal (M-2021-00068, Case No. 2021-00100),
And defendants-appellants having moved for an order granting a preliminary injunction and/or otherwise tolling the running of the time periods set forth in: (i) the amended order entered on or about February 9, 2021, and (ii) the separate bond order entered on or about February 9, 2021, pending the hearing and determination of the appeal (M-2021-00490, Case No. 2021-00497),
And a Justice of this Court, having issued an order dated January 11, 2021, granting defendants-appellants' application for interim relief to the extent of staying that portion of the order entered on or about January 8, 2021, which directed the payment of back rent by a date certain, referring the application to a full bench for determination, including whether ongoing use and occupancy is owing, and directing appellants to post a bond in an amount determined by Supreme Court, (Motion No. 2021-00068),
And an interim stay of the payment period set forth in the amended order entered February 9, 2021 having been granted by order of a Justice of this Court, entered February 11, 2021, on the condition that appellant post the undertaking required by the bond order entered on or about February 9, 2021 (Motion No. 2021-00490)
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motions (M-2021-00068 & 2021-00490) are granted on the condition that defendants-appellants perfect the appeal for the September 2021 Term, and continue to pay use and occupancy of $107,678.33 monthly for the duration of the stay. The interim orders granted by a Justice of this Court, dated January 11, 2021 and February 11, 2021, are hereby vacated, insofar as they included bonding requirements. Entered: March 18, 2021
/s/
Susanna Molina Rojas
Clerk of the Court