June 17, 2013
PARK CORNER DEVELOPMENT, LLC, Petitioner-Landlord-Appellant,
Alessandra VERONESE, Respondent-Tenant-Respondent, and
This decision has been referenced in a table in the New York Supplement.
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.
Present: SCHOENFELD, J.P., HUNTER, JR., TORRES, JJ.
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 A.D.2d 394 ; Zane v. Kellner, 240 A.D.2d 208 ; compare Eli Haddad Corp. v. Redmond Studio, 102 A.D.2d 730  ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.