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MATTER OF TSOUMPAS 1105 LEXINGTON EQUITIES, LLC v. 1109 LEXINGTON AVE. LLC

152129/19. Appeal No. 12596-12596A. Case No. 2019-5620. 2019-5621.

189 A.D.3d 524 (2020)

133 N.Y.S.3d 800

2020 NY Slip Op 07481

In the Matter of Tsoumpas 1105 Lexington Equities, LLC, Respondent, v. 1109 Lexington Avenue LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2020.

Attorney(s) appearing for the Case

Judith M. Brener , New York ( David L. Hamill of counsel), for appellant.

Klein Slowik PLLC, New York ( Mikhail Sheynker of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

The terms of the license granted by the motion court were reasonable. RPAPL 881 gives the motion court the discretion to craft an appropriate remedy "upon such terms as justice requires" (see e.g. Matter of Van Dorn Holdings, LLC v 152 W. 58th Owners Corp., 149 A.D.3d 518, 518-519 [1st Dept 2017]). Respondent fails to identify any prejudice arising from a month-to-month license term, for...

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