Four Thirty Realty, LLC v. Lieberman

Full title: FOUR THIRTY REALTY, LLC, Petitioner-Landlord-Appellant, v. FRANK…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Aug 22, 2008

2008 N.Y. Slip Op. 51772 (N.Y. App. Term 2008)

Opinion

570631/07.

Decided August 22, 2008.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated May 1, 2007, which granted tenant's motion to vacate the warrant of eviction in a nonpayment summary proceeding.

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.

PER CURIAM.

Order (Jean T. Schneider, J.), dated May 1, 2007, affirmed, without costs.

While there was delay in the resolution of the underlying nonpayment summary proceeding, the court (which had charge of the case since its inception) properly exercised its discretion and for good cause shown vacated the warrant of eviction upon the long-term stabilized tenant's tender of the full judgment amount. "The policies underlying the rent stabilization laws are generally better served by holding out to a tenant the opportunity usually afforded in a nonpayment proceeding to cure the breach of his rent obligations" ( 2246 Holding Corp. v Nolasco, AD3d, 2008 NY Slip Op 5569 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.