| Avalon Riverview I, LLC v Riverview Rest., Inc. Formerly Known As Ytt, LLC |
| Motion No: 2011-01240 qc |
| Slip Opinion No: 2012 NY Slip Op 69966(U) |
| Decided on April 3, 2012 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Avalon Riverview I, LLC, Appellant, v Riverview Restaurant, Inc. Formerly Known as YTT, LLC, Respondent, and "XYZ Corp.", Undertenant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 7, 2011, to compel respondent to tender the sum of $223,488.46, in addition to all further amounts due under a June 12, 2008 stipulation, and permit appellant to accept such amount without prejudice to its right to maintain this appeal or, in the alternative, to direct respondent to pay such sum into court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that landlord, if it be so advised, may accept, or 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]; 1035 Wasington Realty, LLC v Grange, 2009 NY Slip Op 86385[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; 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]).
ENTER:
Paul Kenny
Chief Clerk