Opinion
Motion No. 2021-01041 Motion No. 2021-01061
05-04-2021
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 Bleeker Street Leasehold LLC, Plaintiff-Respondent, v. Quik Park Bleeker 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. 157363/2020 156890/2020
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 an order of this Court having been entered on March 21, 2018 (M-2021-00045 [Action No. 1]/M-2021-00073 [Action No. 2]) granting defendants-appellants respective motions 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, on the condition that the appeals were perfected for the September 2021 Term and the continued payment of use and occupancy at the base rent,
And plaintiff-respondent One NY Plaza having moved to vacate the preliminary injunction order of this Court entered on March 18, 2021 (M-2021-1041) on the ground that defendants-appellants breached an express condition thereof by failing to pay plaintiff-respondent use and occupancy for the months of February and March 2021 totaling $264,979.40,
And plaintiff-respondent BOP 350 Bleecker having moved to vacate the order of this Court entered on March 18, 2021 (M-2020-01061), on the ground that defendants-appellants breached an express condition thereof by failing to pay plaintiff-respondent use and occupancy for the months of February and March 2021 totaling $57,376.34,
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-2021-001041 & 2021-001061) are granted and the preliminary injunction order of this Court, entered March 18, 2021 (M-2021-00045/2021-00073) is hereby vacated. ENTERED: May 04, 2021
/s/
Susanna Molina Rojas
Clerk of the Court