Summary
In Parkchester Apartments Co. v. Scott, 271 AD2d 273, 274, 707 NYS2d 55 [1st Dept 2000], restoration was appropriate where, 63—year—old tenant notwithstanding recent illness, made appreciable payments towards the judgment and, while a tenant for 20 years, had apparently had no prior delinquency record and, prospectively, had arranged for automatic withdrawal of monthly rent from his bank account.
Summary of this case from 2905 Grand Concourse Realty Corp. v. AlvarezOpinion
April 13, 2000.
Order of the Appellate Term of the Supreme Court, First Department, entered on or about April 1, 1999, which affirmed an order of the Civil Court, Bronx County (Howard Sherman, J.), entered on or about March 13, 1998, granting respondent tenant's motion to be restored to possession upon his payment of $6,825, representing accrued rent, costs and fees, unanimously affirmed, without costs.
Lawrence Schiro, for petitioner-appellant.
SULLIVAN, P.J., NARDELLI, MAZZARELLI, SAXE, JJ.
Petitioner landlord's claim premised on RPAPL § 747 Acts.-a, that Civil Court lacked authority to grant respondent tenant's post-eviction application for, inter alia, a stay of the re-letting of the subject apartment, is without merit. The record indicates that respondent tenant's application was accompanied by a sworn statement with a money order attached, apparently in the amount of $4,000, which exceeded the combined amount of the balance due on the judgment, i.e. $2,405, plus additional rent that had accrued since the date of the judgment. Moreover, good cause to support the Civil Court's vacatur of the warrant of eviction was demonstrated through proof from the 63-year-old tenant that, notwithstanding recent illness, he made appreciable payments towards the judgment and, while a tenant for 20 years, had apparently had no prior delinquency record and, prospectively, had arranged for automatic withdrawal of monthly rent from his bank account.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.