Phoenix Garden Restaurant, Inc. v. Chu

—Order and judgment (one paper), Supreme Court, New York County (Beverly S. Cohen, J.), entered June 1, 1993, which, inter alia, denied appellants’ cross motion for use and occupancy pendente lite without prejudice, refused to direct the posting of an undertaking, and consolidated this action with a summary proceeding in Civil Court, New York County; and an order of the same court and Justice, entered November 29, 1993, which denied appellants’ motion for renewal, unanimously affirmed, with costs.

Because the construction and renovation work of the landlord rendered the premises uninhabitable,…