199 Apt. Assoc., J.V. v. Stafford

Full title: 199 APARTMENT ASSOCIATES, J.V., Appellant, v. ARTHUR STAFFORD, Respondent

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

Date published: Jun 10, 2005

2005 N.Y. Slip Op. 50962 (N.Y. App. Term 2005)

Opinion

2004-1110 W C

Decided June 10, 2005.

Appeal by landlord from a final judgment of the Yonkers City Court, Westchester County (R. Cerrato, J.), entered on October 8, 2003, in favor of tenant dismissing the holdover summary proceeding.

Final judgment unanimously affirmed without costs.

Before: PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.

In this holdover summary proceeding, brought on the ground that tenant failed to timely execute and return a renewal lease pursuant to the Emergency Tenant Protection Regulations ( 9 NYCRR § 2503.5), tenant, who had resided at the premises without prior difficulties for 27 years, promptly returned the executed lease to landlord following service of the notice of termination. Under all the circumstances presented, the court had, and providently exercised, discretion to forgive tenant's relatively minor default in renewing the lease ( see 210 Realty Assocs. v. O'Connor, 2001 NY Slip Op 40341[U] [App Term, 9th 10th Jud Dists], affd 302 AD2d 396; see also 67 8th Ave Assocs. v. Hochstadt, 88 AD2d 843; Baja Realty v. Karoussos, 120 Misc 2d 824 [App Term, 1st Dept 1983]).