Opinion
570173/04.
Decided June 30, 2005.
Tenant appeals from an order of the Civil Court of the City of New York, Bronx County, entered March 11, 2003 after a hearing (Howard Malatzky, J.) which granted landlord's motion to execute a warrant of eviction pursuant to a so-ordered stipulation settling a holdover summary proceeding.
Before: PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Order entered March 11, 2003 (Howard Malatzky, J.) reversed, without costs, and matter remanded to the Civil Court for a hearing consistent with this decision.
The limited evidence adduced at the 2003 hearing on landlord's motion to execute a warrant of eviction issued in 1999 did not satisfactorily establish whether or not the elderly tenant maintained a washing machine in her apartment in violation of a 1999 stipulation. Balancing the landlord's stated concerns over reported water leaks against the tenant's interest in preserving her 21-year stabilized tenancy, fairness dictates that there be a more probing inquiry into the current status of the alleged washing machine before a final resolution of the matter is reached. The tenant must allow total access to the landlord to determine if a washing machine is present. Failure to do so will justify a conclusion that it is present.
This constitutes the decision and order of the court.