Beekman Partnership, L.P. v Capital Parking LLC

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Beekman Partnership, L.P. v Capital Parking LLC 2022 NY Slip Op 34409(U) December 23, 2022 Supreme Court, New York County Docket Number: Index No. 656549/2020 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 656549/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA A. JAMES 59 Justice ----------------------------------------------------------------- ----------------X INDEX NO. THE BEEKMAN PARTNERSHIP, L.P., 656549/2020 MOTION DATE Plaintiff, 04/09/2021 MOTION SEQ. NO. 001 - V - DECISION + ORDER ON MOTION CAPITAL PARKING LLC, Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,21,22,23,24,25,26,27,28,29, 30,31 were read on this motion to/for JUDGMENT-SUMMARY ORDER Upon the foregoing documents, it is ORDERED that the motion of defendant for leave to serve an amended answer to interpose a counterclaim is DENIED; and it is further ORDRED that the motion of plaintiff for summary judgment is granted to the extent that plaintiff is granted a partial summary judgment of liability against defendant on its first cause of action for breach of contract; and it is further ORDERED that the issue of damages comprised of the outstanding monthly rent attorneys' plus and fees interest at additional rent and legal expenses the consisting statutory rate, 1 of 5 reasonable from December 2019 to date, 656549/2020 BEEKMAN PARTNERSHIP, LP. vs. CAPITAL PARKING LLC Motion No. 001 [* 1] of incurred by defendant Page 1 of 5 is INDEX NO. 656549/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2022 referred to a Special Referee to hear and determine pursuant to CPLR 4317(b); and it is further ORDERED that the aforesaid assessment of damages hearing is hereby referred to the Special Referee Clerk for placement at the earliest possible date upon the calendar of the Special Referees Part (Part SRP), which, in accordance with the Rules of that Part (which are posted on the www.nycourts.gov/supctmanh assign this matter at at the website the initial JHO/Special Referee to determine as of "References" appearance this court link to an specified above; ), at shall available and it is further ORDERED that the powers of the JHO/Special Referee shall not be limited beyond the limitations set forth in the CPLR; and it is further ORDERED that counsel shall immediately consult one another and counsel for plaintiff shall, within twenty (20) days from the date of this Order, submit to the Special Referee Clerk by e-mail (Room 119M, 646-386-3028 or spref@nycourts.gov) an Information Sheet (accessible at the "References" link on the court's website) containing all soon as the practical information called for thereafter, the Special therein and that, Referee Clerk as shall advise counsel for the parties of the date fixed for the appearance of the matter upon the calendar of the Special Referees Part; and it is further 656549/2020 BEEKMAN PARTNERSHIP, LP. vs. CAPITAL PARKING LLC Motion No. 001 [* 2] 2 of 5 Page 2 of 5 INDEX NO. 656549/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2022 ORDERED that the parties shall appear for the reference hearing, including with all witnesses and evidence they seek to present, and shall be ready to proceed with the hearing, on the date fixed by the Special Referee Clerk for the initial appearance in the Special Referees Part, subject only to any adjournment that may be authorized by the Special Referees Part in accordance with the Rules of that Part; and it is further ORDERED that, except as otherwise directed by the assigned JHO/Special Referee for good cause shown, the trial of the issue(s) specified above shall proceed from day to day until completion and counsel must arrange their schedules and those of their witnesses accordingly; and it is further ORDERED that counsel shall file memoranda or other documents directed to the assigned JHO/Special Referee in accordance with the Uniform Rules of the Judicial Hearing Officers and the Special Referees (available at the "References" link on the court's website) by filing same with the New York State Courts Electronic Filing System (see Rule 2 of the Uniform Rules);and it is further ORDERED and ADJUDGED that pursuant to CPLR 4319, the Clerk is directed to PARTNERSHIP, enter LP judgment and against in favor of defendant plaintiff CAPITAL THE PARKING BEEKMAN LLC in accordance with the report of the aforementioned Special Referee without any further application. 656549/2020 BEEKMAN PARTNERSHIP, LP. vs. CAPITAL PARKING LLC Motion No. 001 [* 3] 3 of 5 Page 3 of 5 INDEX NO. 656549/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2022 DECISION This court agrees with plaintiff that defendant's proposed amended answer that interposes a counterclaim for a declaratory judgment lacks merit as Real Property Law§ 235-e(d) inapplicable to commercial tenancies. LLC v WSIP Realty Corp, is See 41 East 11 th Street, 66 Misc3d 834, 838 (NYC Civil Court, NY County, 2020). Plaintiff has prima facie established its entitlement to a partial summary judgment of liability on its first cause of action for breach of lease and defendant raises no issues of fact as to its liability therefor, merit. AD3d 561 as defendant's affirmative defenses lack See 558 Seventh Ave Corp v Times Square Photo Inc, (l3t 194 Dept 2021) Plaintiff has not come forward with evidence sufficient to prima facie establish its entitlement to summary judgment on its second cause of action for an account stated, as plaintiff has set forth no admissible evidence that it presented the Arrears Report 656549/2020 BEEKMAN PARTNERSHIP, LP. vs. CAPITAL PARKING LLC Motion No. 001 [* 4] 4 of 5 Page 4 of 5 INDEX NO. 656549/2020 NYSCEF DOC. NO. 32 dated RECEIVED NYSCEF: 12/23/2022 February 9, 2021, to defendant. See American Express Centurion Bank v Cutler, 81 AD3d 761, 762-763 (2d Dept 2011). JJ- ~ .d - } ~ 20221223143112DJAMES3ED4A4ED 15E445ABBD986 72518A4967 4 12/23/2022 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: DEBRA A. JAMES, J.S.C. ~ CASE DISPOSED GRANTED SETTLE ORDER • DENIED INCLUDES TRANSFER/REASSIGN ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT 656549/2020 BEEKMAN PARTNERSHIP, LP. vs. CAPITAL PARKING LLC Motion No. 001 [* 5] 5 of 5 • 0 OTHER REFERENCE Page 5 of 5

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