| Tahjer Foods Corp. v Elias Properties Cedarhurst, LLC |
| Motion No: 2021-05722 |
| Slip Opinion No: 2021 NY Slip Op 71177(U) |
| Decided on September 3, 2021 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M278969
E/sl
WILLIAM F. MASTRO, J.P.
ANGELA G. IANNACCI
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-05722 Tahjer Foods Corp., appellant, v Elias Properties Cedarhurst, LLC, respondent. (Index No. 607376/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated July 26, 2021. Motion by the appellant, inter alia, to enjoin the respondent from renting the subject premises to another tenant and preventing the appellant from having access to the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondent is enjoined from renting the subject premises, located at 600-602 Central Avenue, Cedarhurst, New York, to another tenant, and preventing the appellant from having access to the subject premises, pending hearing and determination of the appeal on condition that the appellant perfect the appeal on or before October 4, 2021, and post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Nassau County, in a sum to be fixed by the Supreme Court, Nassau County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the injunction, and the motion is otherwise denied; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Nassau County, to fix the amount of the undertaking in accordance herewith; the appellants shall file the undertaking within 15 days after service upon them of a copy of the order of the Supreme Court, Nassau County, fixing the amount thereof; and it is further,
ORDERED that in the event that the appeal is not perfected on or before October 4, 2021, or the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate the injunction, without further notice, or the respondent may move to vacate the injunction, on three days notice.
MASTRO, J.P., IANNACCI, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court