Opinion
2019-1015 K C
02-26-2021
618 PARK PLACE, LLC, Appellant, v. Niasia HUFF, Respondent, et al., Undertenant.
Butnick & Levenson, LLP (Noah E. Levinson of counsel), for appellant. The Legal Aid Society ( Scott Stamper and Janet Sabel of counsel), for respondent.
Butnick & Levenson, LLP (Noah E. Levinson of counsel), for appellant.
The Legal Aid Society ( Scott Stamper and Janet Sabel of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.
ORDERED that the appeal from the order entered June 28, 2018 is dismissed on the ground that no appeal as of right lies from a sua sponte order ( see CCA 1702 [a] [2] ; CPLR 2211 ; Sholes v Meagher , 100 NY2d 333 [2003] ), and leave to appeal has not been granted; and it is further,
ORDERED that the orders entered June 8, 2018 and June 19, 2018 are affirmed, without costs.
In granting tenant's motion to be restored to possession in this nonpayment proceeding, the Civil Court did not improvidently exercise its discretion in excusing—conditioned upon tenant's payment of $8,329.74—the 20-year rent-stabilized tenant's default in paying landlord the rent arrears ( see 555 & 561 Gates, LLC v Hamadov, 68 Misc 3d 128[A], 2020 NY Slip Op 50934[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]; Elmback Owners, LLC v Newbold , 59 Misc 3d 136[A], 2018 NY Slip Op 50518[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]).
Moreover, under the circumstances presented, we reject landlord's contention that the court improvidently exercised its discretion in not also conditioning restoration upon tenant's payment of landlord's undocumented costs for renovating the apartment shortly after tenant had been evicted. To the extent that landlord sought a rent increase based on individual apartment improvements, the Civil Court does not have the power to prospectively order a rent increase, as ordering a future rent increase is declaratory or injunctive in nature ( see 555 & 561 Gates, LLC v Hamadov, 68 Misc 3d 128[A], 2020 NY Slip Op 50934[U] ; Winthrop Realty, LLC v Menal , 21 Misc 3d 141[A], 2008 NY Slip Op 52383[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2008]).
Accordingly, the orders entered June 8, 2018 and June 19, 2018 are affirmed.
ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.