In La Fabrique Owners Corporation v. La Fabrique LLC, 16 Misc. 3d 130[A], 2007 NY Slip Op 51335[U] [App. Term, 1st Dep't, 2007] the tenant appealed an order of the Civil Court which directed the tenant to pay rent pendente lite, granted landlord's motion to strike tenant's answer and counterclaims, and entered final judgment which awarded landlord possession and rent arrears. The Appellate Term reversed, holding that an immediate trial was the proper remedy where the tenant made the second payment. The Court wrote: Although Civil Court properly directed tenant to pay ongoing rent pursuant to RPAPL 745 (2), tenant's brief delay in tendering the second payment due warranted, at most, an "immediate trial" (RPAPL 745[2][c][ii] ), and not, as landlord sought, the ultimate relief of a possessory judgment. Id.