Opinion
2021-67600 Motion 2021-01584
06-15-2021
Dig Inn 100 West 67th Street LLC, Plaintiff-Appellant, v. 148-154 Columbus Realty 1, LLC, Defendant-Respondent. [And a third-party action] Index No. 153456/21 Case No. 2021-01562
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Anil C. Singh Lizbeth González Tanya R. Kennedy, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about May 04, 2021,
And plaintiff-appellant having moved for an injunction tolling the time period to cure set forth in the defendant/landlord's notice of default, dated March 25, 2021, and enjoining the landlord from terminating the parties' lease based upon anything in the notice of default pending the hearing and determination of the aforesaid appeal, 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 on condition the appeal is perfected for the October 2021 Term of this Court, and on the continued payment of use and occupancy by plaintiff/tenant at the base rate established in the lease.