Opinion
No. 570242/13.
2014-05-30
THREE IN ONE EQUITIES LLC, Petitioner–Landlord–Appellant, v. Esperanza SANTOS, Respondent–Tenant–Respondent.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated March 12, 2013, which conditionally granted tenant's motion to be restored to possession of the subject premises upon payment to landlord of $9,630.42 by a specified date.
Present: SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.
Order (Brenda S. Spears, J.), dated March 12, 2013, affirmed, without costs.
Under the particular facts and circumstances of record in this nonpayment summary proceeding, and since it appears that the stabilized tenant filed her restoral motion within hours of her eviction, Civil Court appropriately exercised its discretion and for good cause vacated the warrant of eviction so as to restore the tenant to possession upon her payment of all outstanding arrears, eviction costs, and attorney's fees ( see 102–116 Eighth Ave. Assoc ., L.P. v. Oyola, 299 A.D.2d 296 [2002]; Parkchester Apts. Co. v. Scott, 271 A.D.2d 273 [2001]; see also Harvey 1390 LLC v. Bodenheim, 96 AD3d 664 [2012] ). We note that the abbreviated record now before us-omitting the respective submissions filed by the parties on tenant's preeviction applications for relief-inhibits effective review of the good cause issue.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.