Opinion
2021-75258 Index 654899/21
11-30-2021
New Deal Realty LLC, Plaintiff-Appellant, v. 684 Owners Corp., Defendant-Respondent. Motion No. 2021-03591 No. 2021-03858
Unpublished Opinion
MOTION DECISION
Present - Hon. Judith J. Gische, Justice Presiding, David Friedman Peter H. Moulton Martin Shulman Bahaati E. Pitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about October 15, 2021, which denied plaintiff-tenant's motion for a Yellowstone injunction, And plaintiff-appellant having moved for an order (i) staying and tolling plaintiff's time to cure the defaults alleged in a certain Thirty (30) Day Notice of Default, (ii) enjoining and restraining defendant from taking any steps to terminate the lease or otherwise interfere with and/or disrupt plaintiff's possession and beneficial use and enjoyment of the subject premises, (iii) enjoining and restraining defendant from commencing a summary proceeding based upon the allegations in the Notice of Default, and (iv) in the alternative, should defendant commence a summary proceeding based upon the allegations in the Notice of Default, staying such proceeding, pending the determination of the hearing and determination of the 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 the condition the plaintiff-appellant perfects the appeal for the March 2022 Term of this Court, and on the further condition that the plaintiff-appellant continues to pay use and occupancy at the base rent and posts an undertaking in the amount of $358, 796.85.