Tzm Realty Corp. v Golden Town Supermarket, Inc.
Motion No: 2007-00040 KC
Slip Opinion No: 2007 NYSlipOp 70138(U)
Decided on May 21, 2007
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.


NO. 2007-40 K C
TZM REALTY CORP.,

Respondent,

-against-

GOLDEN TOWN SUPERMARKET, INC.

Appellant,

-and-

"XYZ CORP.", "JOHN DOE" and/or "JANE DOE",,

Appellants-Undertenants.

DECISION

On the court's own motion, motion by landlord-respondent returnable March 30, 2007, and motion by tenant-appellant returnable April 13, 2007, are hereby consolidated for purposes of disposition.

Motion by landlord-respondent to vacate the stay contained in the order of this court dated March 9, 2007 is granted.

Motion by tenant-appellant to modify the stay contained in the order of this court dated March 9, 2007 is denied.