1035 Wash. Realty, LLC v Colette Grange
Motion No: 2008-02068 KC
Slip Opinion No: 2009 NY Slip Op 86385(U)
Decided on October 14, 2009
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, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and STEINHARDT, JJ.

NO. 2008-2068 K C
1035 WASHINGTON REALTY, LLC,

Appellant,

-against-

COLETTE GRANGE,

Respondent,

-and-

"JOHN DOE" and "JANE DOE",

Undertenants.

DECISION

Motion by landlord-appellant for an order directing payment of arrears in and ongoing use and occupancy is denied.

We note that landlord, if it be so advised, may commence a plenary action to recover the outstanding use and occupancy without prejudicing its right to prosecute the appeal in this holdover proceeding (RPAPL 711 [1]; Martine Assoc., LLC v Donahoe, NYLJ, July 19, 2005 [App Term, 9th & 10th Jud Dists]; 17th Holding v Rivera, NYLJ, August 15, 2002 [App Term, 2d & 11th Jud Dists]).