This decision involved a motion seeking an order “upwardly modifying and adjusting the use and occupancy (U&O) previously ordered by the court.”

In March 2015, a plaintiff entered into an agreement with a defendant pursuant to which the plaintiff agreed to purchase the defendant’s business (business). The parties also entered into a “separate real estate contract” pursuant to which the plaintiff purchased from a different defendant real property (property) utilized by the business. In March 2015, the plaintiff paid the defendant rent in amount of $21,252 per month. The monthly rent was to be payable until the transfer of ownership of the property.

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