Avalon Riverview I, LLC v. Riverview Rest., Inc.

Full title: Avalon Riverview I, LLC, Respondent, v. Riverview Restaurant, Inc. etc.…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Feb 20, 2014

2014 N.Y. Slip Op. 65856 (N.Y. App. Term 2014)

Opinion

Motion No: 2013-02044 QC

02-20-2014

Avalon Riverview I, LLC, Respondent, v. Riverview Restaurant, Inc. etc., Appellant, et al., Undertenants.

MICHAEL L. PESCE

, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on appeals from orders of the Civil Court of the City of New York, Queens County, dated May 8, 2013 and September 16, 2013, respectively, to modify a stay granted by decision and order on motion of this court dated December 20, 2013 to provide that appellant pay respondent use and occupancy as it becomes due. Separate motion by respondent to vacate the stay. Separate motion by respondent to vacate an order of the Civil Court dated January 7, 2014 which purported to enlarge appellant's time to make the deposit required by this court's December 20, 2013 decision and order on motion. Cross motion by appellant, in effect, to deem the deposit timely made.

Upon the papers filed in support of respondent's motions and appellant's cross motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that respondent's motions and appellant's cross motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion to modify the decision and order on motion of this court dated December 20, 2013 to provide that appellant shall pay respondent use and occupancy as it becomes due is granted; and it is further,

ORDERED that respondent's motion to vacate the stay granted by decision and order on motion of this court dated December 20, 2013 is denied; and it is further,

ORDERED that appellant's cross motion, in effect, to deem its deposit of the sum of $150,774.35 timely made is granted; and it is further,

ORDERED that respondent's motion to vacate the order of the Civil Court dated January 7, 2014 is denied; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk