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203 E. 13th St. Corp. v. Lechycky

Supreme Court, Appellate Term, First Department
Jun 24, 1971
67 Misc. 2d 451 (N.Y. App. Term 1971)

Summary

In 203 E. 13th St. Corp. v Lechycky (67 Misc.2d 451), the court held that a summary proceeding remains pending until the execution of the warrant, and while the proceeding is pending, the warrant may be stayed under CPLR 2201.

Summary of this case from Tku-Queens Corp. v. Mabel Food

Opinion

June 24, 1971

Appeal from the Civil Court of the City of New York, County of New York, JOHN J. MANGAN, J.

Marttie L. Thompson and Barbara B. Butler for appellants.

Harry Harris and Saul I. Radin for respondent.


A summary proceeding remains pending until the execution of the warrant. ( Whitmarsh v. Farnell, 298 N.Y. 336, 344.) While the proceeding is pending, the warrant may be stayed under CPLR 2201.

The earlier decisions, which held that a warrant, once it has been issued, could not be stayed except by an appellate court, or by injunction, unless the final order had been rendered on default, were based upon sections 1446 and 1447 of the Civil Practice Act. These sections were omitted from the CPLR and from the Real Property Actions and Proceedings Law.

With the repeal of these sections, and under CPLR 2201, the court below may stay its proceedings in a proper case upon such terms as may be just.

While the Judge below stated that he would have liked to grant tenants relief, he held that he was without jurisdiction to do so, since the warrant had already been issued. This was error.

The orders should be reversed, with $10 costs, and each motion granted, provided, in each case, the tenant pays the arrears of rent, if any, due landlord, within seven days after service of a copy of the order to be entered hereon with notice of entry; if not so paid in either case, order affirmed, without costs.

Concur — LUPIANO, J.P., MARKOWITZ and GOLD, JJ.

Orders reversed, etc.


Summaries of

203 E. 13th St. Corp. v. Lechycky

Supreme Court, Appellate Term, First Department
Jun 24, 1971
67 Misc. 2d 451 (N.Y. App. Term 1971)

In 203 E. 13th St. Corp. v Lechycky (67 Misc.2d 451), the court held that a summary proceeding remains pending until the execution of the warrant, and while the proceeding is pending, the warrant may be stayed under CPLR 2201.

Summary of this case from Tku-Queens Corp. v. Mabel Food
Case details for

203 E. 13th St. Corp. v. Lechycky

Case Details

Full title:203 E. 13TH STREET CORP., Respondent, v. MARY LECHYCKY, Appellant 203 E…

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 24, 1971

Citations

67 Misc. 2d 451 (N.Y. App. Term 1971)
324 N.Y.S.2d 560

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