Legal Opinion

2094-2096 Boston Post Rd., LLC v. Mackies Am. Grill, Inc.

Appellate Terms of the Supreme Court of New York

Decided May 25, 2016No. 2016 NYSlipOp 50844(U)Published

1Opinion of the Court

2094-2096 Boston Post Road, LLC, Appellant,

against

Mackies American Grill, Inc., Respondent.

Appeal from an order of the Justice Court of the Village of Larchmont, Westchester County (Thea S. Beaver, J.), dated August 5, 2015. The order, upon a motion by landlord for summary judgment on its petition and to dismiss tenant's counterclaims in a nonpayment summary proceeding, sua sponte stayed the proceeding pending the determination of a related Supreme Court action and, in effect, held landlord's motion in abeyance.

ORDERED that, on the court's own motion, so much of the notice of appeal as is…

2Cases cited4 opinions

  1. 44-46 West 65th Apartment Corp. v. StvanAppellate Division of the Supreme Court of the State of New York · 2004
  2. All 4 Sports & Fitness, Inc. v. Hamilton, Kane, Martin Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Scheff v. 230 East 73rd Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Merkos L'Inyonei Chinuch, Inc. v. SharfAppellate Division of the Supreme Court of the State of New York · 2011

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