Opinion
570422/06.
Decided on February 8, 2008.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), dated August 15, 2006, which, inter alia, granted tenants' motion to vacate a warrant of eviction in a nonpayment summary proceeding.
Order (Pam B. Jackman Brown, J.), dated August 15, 2006, affirmed, without costs.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Civil Court appropriately exercised its discretion and for good cause vacated the warrant of eviction issued in this nonpayment summary proceeding, where tenants tendered the full judgment amount via certified check on or prior to the return date of their motion and most of the substantial arrears sought by landlord had accrued during the course of a prior, extended holdover proceeding resolved in tenants' favor ( see generally 102-116 Eighth Ave. Assocs., L.P. v Oyola, 299 AD2d 296; Parkchester Apts. Co. v Heim, 158 Misc 2d 982, 983-984).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.