Opinion
Motion No. 2022-08933 Index No. 56195/2020
10-06-2023
Yorktown Funeral Home, LLC, appellant, v. Kamitis, Inc., respondent.
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. CHERYL E. CHAMBERS LINDA CHRISTOPHER BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated October 12, 2022. Motion by the appellant to stay the respondent from entering the subject premises to undertake certain repairs or alterations related to the appellant's alleged default under the parties' lease dated July 27, 2010, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the respondent is stayed from entering the subject premises to undertake repairs or other alterations related to the appellant's alleged default under the parties' lease dated July 27, 2010, consisting of the installation of a lift/elevator, converting a garbage enclosure into a garage with a roof, installing a drain in the back parking lot, cutting trees and shrubs, removing the landlord's propane tanks and installing a gas line, covering a catch basin on the backside of the parking lot with a metal plate, installing driveway doors and a fence in the back of the driveway, painting exterior walls, replacing the air conditioning/heating unit on the roof, and replacing a chain link fence with a wood fence, pending hearing and determination of the appeal.
DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.