186 Bleecker Prop. Owner LLC v. Figaro NYC LLC

2025 NY Slip Op 32797(U)
New York Supreme Court, New York County·Decided August 13, 2025·No. Index No. 153787/2025·Unpublished

Opinion

186 Bleecker Prop. Owner LLC v Figaro NYC LLC 2025 NY Slip Op 32797(U)

August 13, 2025

Supreme Court, New York County Docket Number: Index No. 153787/2025 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

FILED: NEW YORK COUNTY CLERK 08/14/2025 04:41 PM INDEX NO. 153787/2025 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/14/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY

PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice

-------------------X INDEX NO. 153787/2025 186 BLEECKER PROPERTY OWNER LLC MOTION DATE NIA Plaintiff,

MOTION SEQ. NO.

- - -003

---

-v-

FIGARO NYC LLC, DECISION + ORDER ON MOTION

Defendant.

-------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 003} 39, 40, 41, 42, 43, 46,47,48,49,50,51,52,54,55,56,57 were read on this motion to/for CONTEMPT

APPEARANCES:

Rosenberg & Estis, P. C. , New York, NY (Alexander Maxwell Estis, Esq., of counsel}, for plaintiff.

Wenig Saltiel LLP, New York, NY (Dan M. Blumenthal, Esq., of counsel), for defendant.

EMILY MORALES-MINERVA, J.S.C.

In this commercial landlord-tenant action for declaratory relief and for an order of ejectment, plaintiff 186 BLEECKER PROPERTY OWNER LLC (owner-landlord) moves, by order to show cause (motion sequence number 003), for orders (1) holding defendant FIGARO NYC LLC (commercial tenant) in civil contempt

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FILED: NEW YORK COUNTY CLERK 08/14/2025 04:41 PM INDEX NO. 153787/2025 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/14/2025

pursuant to CPLR §5104 1 and Judiciary Law §753 (A) (3) 2 for commercial tenant's failure to comply with the parties' stipulation, dated May 09, 2025 stipulation executed by the parties and so-ordered by the court; (2) awarding owner-landlord attorneys' fees pursuant to Judiciary Law§ 773 3 ; (3) granting owner-landlord a judgment of possession of the premises, consisting of a portion of the ground floor and basement located at 184 Bleecker Street, New York, New York 10012 (premises); (4) issuing an order of ejectment against commercial tenant, directing the Sheriff of the City of New York to eject and remove tenant from the premises; (5) permitting owner-landlord to remove and discard the remaining personal property of

1 Section 5104 of the CPLR provides, "Any interlocutory or final judgment or order, or any part thereof, not enforceable under either article fifty-two or section 5102 may be enforced by serving a certified copy of the judgment or order upon the party or other person required thereby or by law to obey it and, if he refuses or wilfully neglects to obey it, by punishing him for a contempt of the court." 2 Section 753 (A) (3) of the Judiciary Law provides, "A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: (3) A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of ,such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court." 3 Section 773 of the Judiciary Law provides, as relevant here, "If an actual loss or injury has been caused to a party to an action or special proceeding, by reason of the misconduct proved against the offender, and the case is not one where it is specially prescribed by law, that an action may be maintained to recover damages for the loss or injury, a fine, sufficient to indemnify the aggrieved party, must be imposed upon the offender, and collected, and paid over to the aggrieved party, under the direction of the court. The payment and acceptance of such a fine constitute a bar to an action by the aggrieved party, to recover damages for the loss or injury. Where it is not shown that such an actual loss or injury has been caused, a fine may be imposed, not exceeding the amount of the complainant's costs and expenses, and two hundred and fifty dollars in addition thereto, and must be collected and paid, in like manner. A corporation may be fined as prescribed in this section."

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FILED: NEW YORK COUNTY CLERK 08/14/2025 04:41 PM INDEX NO. 153787/2025 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/14/2025

commercial tenant; and (6) awarding owner-landlord a money judgment against commercial tenant, in the amount of $61,000.00 for each unpaid month which has accrued from April 01, 2025 through and including the date owner-landlord recovers possession of the premises (see New York State Courts Electronic Filing System [NYSCEF] Doc. No. 50, Order to Show Cause, dated June 04, 2025).

Commercial tenant opposes the relief requested (see NYSCEF Doc. Nos. 54-55, Opposition to Order to Show Cause).

The order to show cause (motion seq. no. 003) was returnable in Part 42M, 111 Centre Street, New York, New York, on August 05, 2025, at 2:30 P.M. At the call of the calendar, commercial tenant and owner-landlord appeared, by counsel.

Now, for the reasons set forth below, the Court grants the order to show cause (motion seq. no. 003) to the extent provided herein.

BACKGROUND

On November 18, 2020, non-party Valley Stream Associates, as owner and landlord, and defendant FIGARO NYC LLC, as commercial tenant, entered into a 15-year commercial lease (lease) (see NYSCEF Doc. No 12, Lease, dated November 18, 2020). Pursuant to said lease, commercial tenant leased from Valley

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FILED: NEW YORK COUNTY CLERK 08/14/2025 04:41 PM INDEX NO. 153787/2025 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/14/2025

Stream Associates a portion of the ground floor and basement at 184 Bleecker Street, New York, New York 10012 (premises) (see id.) .

At some point thereafter, 186 BLEECKER PROPERTY OWNER LLC (owner-landlord) became owner and landlord of the subject property (see id.). Things soured between owner-landlord and commercial tenant, and commercial tenant commenced a proceeding in Supreme Court, New York County pursuant to Figaro NYC LLC v 186 Bleecker Property Owner LLC, Index No. 150333/2023, seeking a Yellowstone injunction. Owner-landlord commenced a separate holdover proceeding in Civil Court, New York County, pursuant to 186 Bleecker Property Owner LLC v Figaro NYC LLC, Index No. LT- 306323-24/NY. The lease was terminated effective March 29, 2024, pursuant to a five-day notice of cancellation, dated March 21, 2024 (see id.).

However, the parties resolved both actions, and pursuant to said resolution, owner-landlord reinstated the lease with commercial tenant on January 31, 2025 (see NYSCEF Doc. No. 12, Reinstatement and Third Amendment of the Lease, dated January 31, 2025 [providing that "the lease is hereby reinstated in full, and all the terms and provisions of the lease are incorporated herein as though restated herein"]).

Pursuant to Article 3 of the Reinstatement and Third Amendment of the Lease:

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FILED: NEW YORK COUNTY CLERK 08/14/2025 04:41 PM INDEX NO. 153787/2025 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/14/2025

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