Bos. Rd. Brooklyn, L.P. v. Steptoe

Full title: Boston Road Brooklyn, L.P., Appellant, v. Bweela Steptoe, Respondent.

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

Date published: Aug 31, 2016

2016 N.Y. Slip Op. 85230 (N.Y. App. Term 2016)

Opinion

Motion No: 2016-00808 KC

08-31-2016

Boston Road Brooklyn, L.P., Appellant, v. Bweela Steptoe, Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 6, 2015, to direct respondent to pay use and occupancy.

Upon the papers filed in support of the motion and the papers 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 Dept, 2d, 11th & 13th Jud Dists 2009]; Martine Assoc., LLC v Donahoe, NYLJ, July 19, 2005 [App Term, 2d Dept, 9th & 10th Jud Dists]; 17th Holding v Rivera, NYLJ, Aug. 15, 2002 [App Term, 2d Dept, 2d & 11th Jud Dists]).

ENTER:

Paul Kenny

Chief Clerk