Redbridge Bedford, LLC v 159 Mp Corp.

[*1] Redbridge Bedford, LLC v 159 Mp Corp. 2021 NY Slip Op 50241(U) Decided on March 19, 2021 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 19, 2021
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
2019-1388 K C

Redbridge Bedford, LLC, Respondent,

against

159 MP Corp., d/b/a Foodtown Corp. d/b/a Foodtown Supermarket, Appellant, et al., Undertenant.

Wenig Saltiel, LLP (Meryl Wenig and Sehzad M. Sooklall of counsel), for appellant. Adam Leitman Bailey, P.C. (Jonathan D. Lupkin of counsel), for respondent.

Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered July 17, 2019. The final judgment, entered pursuant to an order of that court dated July 17, 2019 granting landlord's motion for summary judgment, awarded landlord possession in a holdover summary proceeding.

ORDERED that the final judgment is reversed, without costs, the order dated July 17, 2019 is vacated, and landlord's motion for summary judgment is denied.

As the relevant facts in this proceeding are the same as those set forth in Redbridge Bedford LLC v 240 Bedford Ave. Realty Holding Corp. (___ Misc 3d ___, 2021 NY Slip Op _____ [appeal No. 2019-1338 K C], decided herewith), the final judgment is reversed, the order dated July 17, 2019 is vacated, and landlord's motion for summary judgment is denied for the reasons stated therein.

ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 19, 2021