Opinion
No. 2011–2510 K C.
2013-02-11
123 E. 92nd REALTY, LLC, Appellant, v. Eileen THOMAS, Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Marc Finkelstein, J.), entered September 8, 2011. The order granted tenant's motion, in effect, to excuse her default under a stipulation settling a chronic-nonpayment holdover proceeding.
Present: PESCE, P.J., RIOS and SOLOMON, JJ.
ORDERED that the order is affirmed, without costs.
Contrary to landlord's contention, the Civil Court retained the discretion to excuse this 32–year rent-stabilized tenant's de minimis default under the parties' second stipulation ( see Harvey 1390 LLC v. Bodenheim, 96 AD3d 664 [2012];Sirul Realty Corp. v. Silverstein, 35 Misc.3d 129[A], 2012 N.Y. Slip Op 50633[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Bushwick Props., LLC v. Wright, 34 Misc.3d 135[A], 2011 N.Y. Slip Op 52389[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; 1215 Realty Assoc., LLC v. Thomas, 32 Misc.3d 131[A], 2011 N.Y. Slip Op 51320[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ), and the court did not improvidently exercise its discretion in doing so here. Accordingly, the order is affirmed.