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One NY Plaza Co. v. Quik Park S., LLC

Supreme Court of the State of New York Appellate Division, First Judicial Department
Mar 18, 2021
2021 N.Y. Slip Op. 63178 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-00045 Motion No. 2021-00073

03-18-2021

One NY Plaza Co. LLC, Plaintiff-Respondent, v. Quik Park Southern, LLC, Marathon/Quik Park NYC, LLC, also known as Quik Park NYC, LLC, Defendants-Appellants, Rafael Llopiz, "ABC Co." and "XYZ Corp.", Defendants. BOP 350 Bleecker Street Leasehold LLC, Plaintiff-Respondent, v. Quik Park Bleecker Street Garage LLC, Defendant-Appellant, "ABC Co." and "XYZ, Corp.", Defendants.


Present - Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Jeffrey K. Oing Saliann Scarpulla, Martin Shulman, Justices. Index Nos. 157363/20 156890/20
Case Nos. 2021-00072 2021-00073 Action No. 1 Action No. 2

An appeal having been taken to this Court in Action No. 1 (Case No. 2021-00072, Index No. 157763/20), from an order of the Supreme Court, New York County, entered on or about January 5, 2021,

And an appeal having been taken to this Court in Action No. 2 (Case No. 2021-00073, Index No. 156890/20), from an order of the Supreme Court, New York County, entered on or about January 5, 2021,

And defendants-appellants having moved in each action for a preliminary injunction tolling the running of the time periods set forth in the respective January 05, 2021 orders pending the hearing and determination of the appeals taken therefrom (Action No. 1, Motion No. 2021-00045, Action No. 2, Motion No. 2021-00073),

And interim stays having been granted by order of a Justice of this Court in each action, both dated January 11, 2021, staying that portion of the January 05, 2021 orders directing the payment of back rent by a date certain, referring the motion, including the issue of use and occupancy to a full bench for determination, and directing the tenant to post an undertaking in an amount determined by Supreme Court,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is ordered that the motions (M-2021-00045 & M-2021-00073) are granted on the condition that defendants-appellants perfect their respective appeals for the September 2021 Term of this Court, and continue to pay monthly use and occupancy at the base rent set forth in the respective leases for the duration of the stay. The interim orders granted by a Justice of this Court on January 11, 2021 are hereby vacated insofar as they included bonding requirements. Entered: March 18, 2021

/s/

Susanna Molina Rojas

Clerk of the Court


Summaries of

One NY Plaza Co. v. Quik Park S., LLC

Supreme Court of the State of New York Appellate Division, First Judicial Department
Mar 18, 2021
2021 N.Y. Slip Op. 63178 (N.Y. App. Div. 2021)
Case details for

One NY Plaza Co. v. Quik Park S., LLC

Case Details

Full title:One NY Plaza Co. LLC, Plaintiff-Respondent, v. Quik Park Southern, LLC…

Court:Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: Mar 18, 2021

Citations

2021 N.Y. Slip Op. 63178 (N.Y. App. Div. 2021)