Opinion
Motion No. 2021-01139 Motion No. 2021-01142
05-04-2021
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 an order of this Court having been entered on March 18, 2021 (M-2021-00068, Case No. 2021-00100/M-2021-00490, Case No. 2021-00497) granting defendants-appellants motion for a preliminary injunction tolling the time period set aforementioned orders, pending the hearing and determination of the appeals, on the condition that defendants-appellants perfect for the September 2021 Term, and continue to pay use and occupancy of $107,678.33 monthly for the duration of the stay,
And plaintiffs-respondents having moved to vacate the aforesaid preliminary injunction order entered March 18, 2021, on the ground that defendants-appellants breached an express condition thereof by failing to pay plaintiff-respondent use and occupancy for the months of January, February and March 2021 totaling $323,034.99,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that the motions (M-2021-001139 & 2021-001142) are granted and the preliminary injunction order of this Court, entered March 18, 2021 (M-2021-00068/2021-00490) is hereby vacated. ENTERED: May 04, 2021
/s/
Susanna Molina Rojas
Clerk of the Court