Redstone Garage Corp. v. New Breed Auto Sales

Full title: Redstone Garage Corp., Respondent, v. New Breed Auto Sales etc., Tenant…

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

Date published: Feb 25, 2015

2015 N.Y. Slip Op. 67046 (N.Y. App. Term 2015)

Opinion

Motion No: 2014-02744 KC

02-25-2015

Redstone Garage Corp., Respondent, v. New Breed Auto Sales etc., Tenant, et al., Undertenants, and Star Supplies & Maint., Inc., Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant, in effect, for a stay of enforcement of so much of a final judgment of the Civil Court of the City of New York, Kings County, entered March 21, 2014, as was entered against appellant with respect to Space B at the subject premises pending the determination of an appeal from an order of the same court dated November 18, 2014. Cross motion by respondent to vacate the temporary stay contained in the order to show cause dated December 4, 2014 or, in the alternative, to vacate the stay with respect to all the entities in the premises other than appellant, to direct appellant to pay any and all arrears, and use and occupancy on an ongoing basis at the monthly rate of $5,250, in effect, to direct the release of funds on deposit, and for other related relief.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that appellant's motion is granted and enforcement of so much of the final judgment as was entered against appellant with respect to Space B at the subject premises is stayed on condition that the appeal be perfected on or before April 3, 2015. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from January 15, 2015 at the monthly rate of $5,250 within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that the branches of respondent's cross motion seeking to vacate the temporary stay are denied as academic; and it is further,

ORDERED that the remainder of respondent's cross motion is granted only to the extent of directing the release of funds on deposit, and the New York City Department of Finance is directed to release the funds on deposit in this matter to respondent Redstone Garage Corp., less any lawful fees.

ENTER:

Paul Kenny

Chief Clerk