Opinion
Motion No: M-245
03-03-2020
390 Park Property LLC and 390 Park Avenue Associates, LLC, Plaintiffs-Appellants, v. WI/BSREP III 390 Park LLC, 390 Tower Associates, LLC and 390 Tower Associates, Defendants-Respondents.
An appeal having been taken from the order of the Supreme Court, New York County, entered on or about December 23, 2019, which, inter alia, denied plaintiffs' motion for a Yellowstone injunction, And plaintiffs-appellants having moved for an order (i) staying and tolling their time to cure the defaults alleged in a certain Notice to Cure; (ii) enjoining defendants-respondents from taking any steps to terminate their lease or otherwise interfere with and/or disrupt their possession and beneficial use and enjoyment of the subject premises; (iii) enjoining defendants from commencing a summary proceeding based upon allegations set forth in the aforementioned Notice to Cure, or, in the alternative, staying such proceeding if it has already been commenced, pending the hearing and determination of the appeal, And an interim stay having been granted by order of a Justice of this Court, entered December 24, 2019, on condition that (i) the $2 million bond previously filed by plaintiffs remain in place, and (ii) plaintiff file and serve, on or before January 15, 2020, a licensed engineer's affidavit attesting that the sprinklers are installed in 100% compliance with Local Law 26, 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 granted on condition that plaintiffs perfect the appeal for the June 2020 Term, continue to maintain the $2 million bond previously filed, and make reasonable, expeditious, good faith efforts to cure the Local Law 26 violation with the Department of Buildings.
ENTERED: March 3, 2020
__________ CLERK
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Peter H. Moulton Lizbeth GonzÁlez,Justices
M-245
Index No. 656861/19