Opinion
570180/11.
11-02-2011
PRESENT: , J.P., Hunter, Jr., Torres, JJ
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated May 6, 2010, which, in effect, granted tenant's motion to vacate a warrant of eviction in a nonpayment summary proceeding.
Per Curiam.
Order (Peter M. Wendt, J.), dated May 6, 2010, affirmed, without costs.
Under the particular facts and circumstances of this case, Civil Court properly exercised its discretion and for good cause vacated the warrant of eviction issued in this nonpayment summary proceeding (see 102-116 Eighth Ave. Assoc. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts. Co. v Heim, 158 Misc 2d 982, 983-984 [1993]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.