Opinion
Motion No: 2015-01367 KC
05-23-2016
Delman, LLC, Respondent, v. Hamza Sehat Ozcan, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015. The order denied appellant's motion, in effect, to stay the execution of the warrant in a nonpayment summary proceeding. Appellant has submitted undisputed proof that a new lease was executed effective June 1, 2015. By order to show cause dated April 21, 2016, the parties were directed to show cause before this court why the order of the Civil Court entered June 5, 2015 should or should not be summarily reversed on the ground that, by executing the new lease, respondent vitiated the warrant and waived the right to evict appellant based on a default under the prior lease.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion is granted, the order entered June 5, 2015 is summarily reversed, without costs, and appellant's motion, in effect, to stay the execution of the warrant is granted (see Matter of Stepping Stones Assoc. v Seymour, 48 AD3d 581 [2008]).
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk