Quik Park 808 Garage LLC v 808 Columbus Commercial Owner LLC .

Motion No: M-8784

Slip Opinion No: 2020 NYSlipOp 60363(U)

Decided on January 9, 2020

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.

January 9, 2020

Quik Park 808 Garage LLC,

Plaintiff-Appellant,

v

808 Columbus Commercial Owner LLC,

Defendant-Respondent.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about November 25, 2019, which, inter alia, denied plaintiff's motion for a Yellowstone injunction, And plaintiff-appellant having moved for an appellate injunction tolling the running of the cure period of the Notice of Default dated August 19, 2019, pending the hearing and determination of the appeal, 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 on condition that plaintiff perfects the appeal for the May 2020 Term and continues to timely make all payments to the defendant as required by the lease. ENTERED: January 9, 2020

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer,Justices

M-8784

Index No. 159396/19