NYCTL 2005-A Trust v 2137-2153 Nostrand Avenue Ass
Motion No: 2009-00660
Slip Opinion No: 2009 NY Slip Op 85529(U)
Decided on October 9, 2009
Appellate Division, 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 Division: Second Judicial Department

M93004

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-00660

NYCTL 2005-A Trust, et al., plaintiffs-respondents,

v 2137-2153 Nostrand Avenue Associates, L.P.,

defendant-respondent, et al., defendants;

BHNWN Nostrand, LLC, nonparty-appellant.

(Index No. 14834/06)

DECISION & ORDER ON MOTION

Motion by 2137-2153 Nostrand Avenue Associates, L.P., inter alia, to modify a decision and order on motion of this court dated February 19, 2009, which, inter alia, stays it from transferring the subject premises, to allow it to recover possession of the subject premises from a tenant in possession and deliver possession to another party.

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

ORDERED that the motion is denied.

MASTRO, J.P., RIVERA, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court