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Boucan NYC Cafe LLC v. 467 Rogers LLC

Tenant Entitled to Judgment Holding Landlord in Contempt for Violating Court Order

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The following papers numbered 1 to 6 read herein:Papers NumberedNotice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed              1-3Opposing Affidavits (Affirmations)     4, 5Reply Affidavits (Affirmations)            6DECISION AND ORDER

*1  Upon the foregoing papers, Plaintiff’s motion seeking an order adjudging Defendant of contempt for Defendant’s alleged violation of this Court’s Order dated August 16, 2017, is hereby granted as set forth below. Defendant’s cross-motion to dismiss is denied. On July 18, 2017, Plaintiff commenced this action against Defendant seeking damages for, among other things, partial eviction and breach of contract. According to Plaintiff, it entered into a lease with Defendant on or around May 1, 2016 and ending on April 30, 2026, for the commercial premises known as 467 Rogers Avenue, first floor, in Brooklyn, New York (“Premises”). In its complaint, Plaintiff alleges that Defendant refused Plaintiff access to the basement in violation of the lease agreement, thereby impeding the process for Plaintiff to obtain a liquor license to operate its cafe, Defendant is the owner of the Premises.

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