Opinion
Motion No. 2023-00139 Index No. 150013/23Case No. 2023-00138
01-26-2023
23 Winehouse LLC, Plaintiff, v. 1890 Adam Clayton Powell LLC, Defendant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Jeffrey K. Oing, Manuel J. Mendez, Martin Shulman, John R. Higgitt, Justices.
Plaintiff having moved, pursuant to CPLR 5518, for a temporary restraining order staying, tolling and enjoining the expiration of the Twenty (20) Day Notice dated December 05, 2022, and enjoining defendant from taking any action to terminate the lease between the parties based on said notice, through and including five days after the entry of an order deciding the order to show cause signed by a Justice of the Supreme Court, New York County, on or about January 06, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is deemed one pursuant to CPLR 5704(a), to the extent that the aforementioned order to show cause denied certain relief, and
It is further ordered that the motion is granted to the extent that defendant is temporarily restrained from taking any further action to terminate the lease between the parties, pending disposition of the motion brought by order to show cause in the Supreme Court.