100 Jane St., L.P. v. Vitale

Full title: 100 JANE STREET, L.P., Petitioner-Landlord-Appellant, v. DEBORAH VITALE…

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

Date published: Apr 8, 2005

2005 N.Y. Slip Op. 50504 (N.Y. App. Term 2005)

Opinion

570023/05.

Decided April 8, 2005.

Landlord appeals from an order of the Civil Court, New York County, dated October 20, 2004 (Peter M. Wendt, J.) which conditionally granted tenant's motion to be restored to possession of the subject premises upon payment to landlord of $8,525.99 by a date certain.

Order dated October 20, 2004 (Peter M. Wendt, J.) affirmed, without costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

Civil Court appropriately exercised its discretion and for good cause vacated the warrant of eviction so as to restore the stabilized tenant to possession upon her payment of all outstanding arrears, eviction costs, and attorney's fees ( see 102-116 Eighth Ave. Assocs., L.P. v. Oyola, 299 AD2d 296; Parkchester Apts Co. v. Scott, 271 AD2d 273).

This constitutes the decision and order of the court.