Booston LLC v 35 West Realty Co. LLC .

Motion No: M-7394

Slip Opinion No: 2019 NYSlipOp 83280(U)

Decided on October 31, 2019

Appellate Division, First 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.

October 31, 2019

Booston LLC,

Plaintiff-Appellant,

v

35 West Realty Co., LLC,

Defendant-Respondent.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about September 12, 2019, And plaintiff-appellant having moved for an order (a) granting a temporary Yellowstone injunction, (b) staying the prosecution in Supreme Court of the counterclaims, including the first counterclaim for ejectment, and (c) enjoining defendant-respondent, pending the hearing and determination of the appeal, from taking any action in reliance on the aforesaid order entered September 12, 2019, issuing any notice of termination or cancellation, or otherwise terminating plaintiff's lease on the basis of the subject notice to cure, or commencing or continuing any action or proceeding, or interposing any claim or counterclaim seeking to recover the subject premises,And an interim stay enjoining any lease termination or eviction proceeding by defendant against plaintiff having been granted by order of a Justice of this Court, dated September 19, 2019, on condition that plaintiff-tenant shall pay use and occupancy in the amount of the monthly rent, without prejudice, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of continuing the interim relief granted by the order of a Justice of this Court, dated September 19, 2019, upon the same terms and

conditions as set forth therein, and on the additional conditions that plaintiff-appellant maintains the existing $1 million bond and perfects the appeal for the March 2020 Term. ENTERED: October 31, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Peter H. Moulton,Justices

M-7394

Index No. 654308/19