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BUSH v. BEAUTY BAY, INC.

2014-1133 RI C

52 Misc.3d 27 (2016)

35 N.Y.S.3d 631

2016 NY Slip Op 26152

ROBERT D. BUSH, Respondent, v. BEAUTY BAY, INC., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided May 5, 2016.

Attorney(s) appearing for the Case

Law Offices of Steve Newman, New York City (Steve Newman of counsel), for appellant.

Law Office of Nicholas M. Moccia, P.C., Staten Island (Nicholas M. Moccia of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, so much of the order dated February 18, 2014 as granted the branch of landlord's motion seeking to direct tenant to make a deposit of rent pursuant to RPAPL 745 (2) is vacated, and that branch of landlord's motion is denied.

In this commercial nonpayment summary proceeding, landlord moved for, among other things, an order pursuant to RPAPL 745 (2) (a) directing...

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