Beverly Court Assocs., LLC v. Manwaring

Full title: Beverly Court Associates, LLC, Appellant, v. Judy Manwaring, Respondent…

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

Date published: Feb 9, 2018

2018 N.Y. Slip Op. 64422 (N.Y. App. Term 2018)

Opinion

Motion No: 2018-00056 KC

02-09-2018

Beverly Court Associates, LLC, Appellant, v. Judy Manwaring, Respondent, and Mervyn Williams, Occupant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated August 16, 2017, to direct respondent to pay use and occupancy.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

We note that appellant, if it be so advised, may commence a plenary action to recover the outstanding use and occupancy without prejudicing its right to prosecute the appeal in this holdover proceeding (RPAPL 711 [1]; 1035 Washington Realty, LLC v Grange, 2009 NY Slip Op 86385[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; Martine Assoc., LLC v Donahoe, NYLJ, July 19, 2005 [App Term, 9th & 10th Jud Dists]; 17th Holding v Rivera, NYLJ, Aug. 15, 2002 [App Term, 2d & 11th Jud Dists]).

ENTER:

Paul Kenny

Chief Clerk