J & R Broadway, LLC & 1165 Broadway Realty, LLC, Petitioner-Respondents v 1165 Fresh Produce Corp., 1165 Fresh Produce Mkt. Corp., Premier Food Fresh Mkt., 1165 Broadway Food Corp., 1165 Collado Food Corp., K & G Food Corp., K & G Food Mkt. Corp., Justin Abreu, Jose Peralta, & XYZ Corp., Tenants, Grocery Leasing Corp., Nonparty-Appellant.

Motion No: 2025-00042 KC

Slip Opinion No: 2026 NY Slip Op 62047(U)

Decided on February 5, 2026

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.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

WAVNY TOUSSAINT, P.J.

MARINA CORA MUNDY

LISA S. OTTLEY, JJ.

DECISION & ORDER ON MOTION

2025-42 K C

J & R Broadway, LLC and 1165 Broadway Realty, LLC, Petitioner-Respondents, v 1165 Fresh Produce Corp., 1165 Fresh Produce Market Corp., Premier Food Fresh Market, 1165 Broadway Food Corp., 1165 Collado Food Corp., K & G Food Corp., K & G Food Market Corp., Justin Abreu, Jose Peralta, and XYZ Corp., Tenants,
Grocery Leasing Corp., Nonparty-Appellant.

Motion by respondents for an extension of time to serve and file a respondent's brief on an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 6, 2024, and to deem the annexed respondents' brief timely filed and served nunc pro tunc.

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 respondents' brief is deemed served and filed; and it is further,

ORDERED that appellant, if it be so advised, may serve and file a reply brief within ten days of the date of this decision and order.

ENTER:

Jennifer Chan

Chief Clerk