Tzm Realty Corp. v Golden Town Supermarket, Inc.
Motion No: 2007-00040 KC
Slip Opinion No: 2007 NYSlipOp 72875(U)
Decided on June 29, 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 GOLIA, 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",

Undertenants-Appellants.

DECISION

That branch of the motion by landlord-respondent to dismiss appeal is denied without prejudice to renewal upon proper notice.

That branch of the motion to vacate the stay contained in the order of this court dated March 9, 2007 is denied as moot.

Movant made motion returnable 4 days rather than 9 days after service (see CPLR 2214 [b], 2103 [b] [6]).

A prior order of this court dated May 21, 2007, vacated the stay rendering the branch of the motion to vacate stay moot.