Opinion
2369
November 26, 2002.
Order, Appellate Term of the Supreme Court, First Department, entered April 17, 2001, which affirmed an order of Civil Court, New York County (Timmie Elsner, J.), entered July 11, 2000, which conditionally granted respondent tenant's motion to be restored to possession of the subject premises upon payment to petitioner landlord by a date certain of all rent arrears, eviction costs and attorney's fees, unanimously affirmed, without costs.
TODD A. ROSE, for petitioner-appellant.
Before: Nardelli, J.P., Tom, Lerner, Marlow, Gonzalez, JJ.
Under the particular facts and circumstances of record in this summary nonpayment proceeding, Civil Court properly exercised its discretion and for good cause vacated the warrant of eviction so as to restore respondent to possession of the subject premises (see Parkchester Apts. Co. v. Scott, 271 A.D.2d 273; Parkchester Apts. Co. v. Heim, 158 Misc.2d 982, 983-984).
We have considered petitioner's various arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.