Bush v. Beauty Bay, Inc.

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, so much of the order dated February 18, 2014 as granted the branch of landlord’s motion seeking to direct tenant to make a deposit of rent pursuant to RPAPL 745 (2) is vacated, and that branch of landlord’s motion is denied.

In this commercial nonpayment summary proceeding, landlord moved for, among other things, an order pursuant to RPAPL 745 (2) (a) directing tenant to deposit the sum of $42,000, and $3,500 every month thereafter, with the clerk of the court. In opposition to the motion, tenant’s…