Bayside Plaza Assoc. LLC v Deli Bizz 24 Inc. (2007 NY Slip Op 50288(U))
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Bayside Plaza Assoc. LLC v Deli Bizz 24 Inc.
2007 NY Slip Op 50288(U) [14 Misc 3d 1233(A)]
Decided on January 8, 2007
Civil Court Of The City Of New York, Queens County
Pineda-Kirwan, J.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 8, 2007
Civil Court of the City of New York, Queens County
Bayside Plaza Associates LLC, Petitioner,
against
Deli Bizz 24 Inc., Respondents.
64632/05
Diccia T. Pineda-Kirwan, J.
Upon the foregoing cited papers, and after conference, it is ordered that respondent's motion for an order, pursuant to CPLR 3404, restoring this proceeding to the calendar and for entry of a money judgment in its favor, is denied.
On October 24, 2005, the date scheduled for trial, the parties entered into a stipulation, so ordered by the court, settling this commercial nonpayment proceeding. The stipulation provides, inter alia, that petitioner was awarded a final judgment of possession and issuance of a warrant, with the warrant stayed until January 31, 2006, at which time respondent would vacate the premises. The stipulation next itemizes in clear terms, the consideration that petitioner is to give respondent. It is undisputed that the parties complied with the above terms.
The stipulation further provides, in pertinent part:
11) Upon receipt of the keys and there being no damage to the premises, respondent shall also receive his security deposit + interest, if any. [emphasis supplied.]
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