R&E Obtains Order Directing Commercial Tenant to Pay Use and Occupancy During Pendency of Ejectment Action
Supreme Court, Queens County, Decided January 15, 2021
Featuring Michael A. Pensabene and Peter B. Kane
Rosenberg & Estis obtained an order directing a commercial tenant to pay use and occupancy during the pendency of an ejectment action. The decision finds that an ejectment action is not precluded by EO 202.28; that EO 202.8 does not operate to toll the notice to cure; that service of a notice to cure is not harassment; and that notwithstanding the pandemic, “permitting tenant to remain in possession of the subject premises without paying for its use and occupancy would be ‘manifestly unfair’.” The tenant was ordered to pay use and occupancy to R&E’s client as of February 1, 2021 and to post a bond for all the rent arrears that have accrued to date.