| Bh 2628, LLC v Zully's Bubbles Laundromat, Inc. |
| Motion No: 2016-00447 QC |
| Slip Opinion No: 2016 NY Slip Op 71108(U) |
| Decided on April 13, 2016 |
| 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| BH 2628, LLC, Appellant, v Zully's Bubbles Laundromat, Inc., Respondent, et al., Undertenants. |
Motion by appellant on an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 17, 2014, for an order directing respondent to pay use and occupancy, and for related relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that appellant, 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 Washington 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, Aug. 15, 2002 [App Term, 2d & 11th Jud Dists]).
ENTER:
Paul Kenny
Chief Clerk