Park Corner Dev., LLC v Veronese

[*1] Park Corner Dev., LLC v Veronese 2013 NY Slip Op 50961(U) Decided on June 17, 2013 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 17, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ
570123/13.

Park Corner Development, LLC Petitioner-Landlord-Appellant,

against

Alessandra Veronese, Respondent-Tenant-Respondent, -and- "John Doe" and "Jane Doe," Respondents-Undertenants.

Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Verna L. Saunders, J.), dated October 19, 2012, which denied its cross motion for interim use and occupancy in a holdover summary proceeding.

Per Curiam.

Order (Verna L. Saunders, J.), dated October 19, 2012, insofar as appealed from, reversed, with $10 costs, and landlord's cross motion for the payment of interim use and occupancy is granted in accordance with this decision.

Upon the grant of tenant's unopposed motion to stay this holdover eviction proceeding pending the determination of her Loft Board coverage application, the court should have directed tenant to prospectively pay use and occupancy in the amount previously paid as rent on each rental due date. In view of the parties' limited evidentiary submissions, and given the open coverage question now pending before the Loft Board, the preferred course at this juncture is for tenant to deposit the use and occupancy payments into court rather than pay landlord directly (see Sima Realty, LLC v Phillips, 282 AD2d 394 [2001]; Zane v Kellner, 240 AD2d 208 [1997]; compare Eli Haddad Corp. v Redmond Studio, 102 AD2d 730 [1984]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 17, 2013