BH 2628, LLC v. Zully's Bubbles Laundromat, Inc.

Full title: BH 2628, LLC, Appellant, v. Zully's Bubbles Laundromat, Inc., Respondent…

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

Date published: Apr 13, 2016

2016 N.Y. Slip Op. 71108 (N.Y. App. Term 2016)

Opinion

Motion No: 2016-00447 QC

04-13-2016

BH 2628, LLC, Appellant, v. Zully's Bubbles Laundromat, Inc., Respondent, et al., Undertenants.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 17, 2014, for an order directing respondent to pay use and occupancy, and for related relief.

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 accept, or 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