Opinion
Motion No. 2022-01562 Index No. 161541/21Case No. 2022-01429
05-31-2022
660 Lexington Avenue Development LLC, Plaintiff, v. 888 Camera Express, Inc., et al., Defendant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Troy K. Webber, David Friedman, Anil C. Singh, Julio Rodriguez III, Justices.
Plaintiff having moved, pursuant to CPLR 5704(a), for a temporary restraining order requiring defendant-tenant 888 Camera Express, Inc. to make immediate payment to plaintiff-landlord of the March 2022 rent/use and occupancy in the amount of $31,217.00, and to continue to pay rent/use and occupancy to plaintiff at the monthly rate of $31,217.00 on the first day of each month thereafter until further order of Supreme Court, a Justice of the Supreme Court, New York County, having declined to grant such relief in an order to show cause signed on or about March 25, 2022, 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 to the extent that defendant-tenant is directed to pay to plaintiff-landlord, within 10 days of the date hereof, the May 2022 and June 2022 rent/use and occupancy in the amount of $31,217.00 per month, and to continue to pay rent/use and occupancy to plaintiff at the monthly rate of $31,217.00 on the first day of each month thereafter, pending the hearing and determination of the underlying motion by Supreme Court.