Appellate Division: Second Judicial Department

M291436

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-08933 Yorktown Funeral Home, LLC, appellant, v Kamitis, Inc., respondent. (Index No. 56195/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 12, 2022. Motion by the appellant to stay the respondent from entering the subject premises to undertake certain repairs or alterations related to the appellant's alleged default under the parties' lease dated July 27, 2010, 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, and the respondent is stayed from entering the subject premises to undertake repairs or other alterations related to the appellant's alleged default under the parties' lease dated July 27, 2010, consisting of the installation of a lift/elevator, converting a garbage enclosure into a garage with a roof, installing a drain in the back parking lot, cutting trees and shrubs, removing the landlord's propane tanks and installing a gas line, covering a catch basin on the backside of the parking lot with a metal plate, installing driveway doors and a fence in the back of the driveway, painting exterior walls, replacing the air conditioning/heating unit on the roof, and replacing a chain link fence with a wood fence, pending hearing and determination of the appeal.

DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court