85th Columbus Corp. v. Grail

Full title: 85TH COLUMBUS CORP., Petitioner-Landlord-Appellant, v. TOM GRAIL and LISA…

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

Date published: Mar 28, 2006

2006 N.Y. Slip Op. 50465 (N.Y. App. Term 2006)

816 N.Y.S.2d 695

Opinion

570648/04.

Decided March 28, 2006.

Landlord appeals from an order of the Civil Court, New York County (Jean T. Schneider, J.), dated June 10, 2004, which denied its motion to restore the case to the calendar and granted tenant's cross motion to dismiss the petition in a holdover summary proceeding.

Order (Jean T. Schneider, J.), dated June 10, 2004, affirmed, with $10 costs.

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.

PER CURIAM.

In seeking to restore this 2001 "summary" eviction proceeding more than two years after the case was marked off the calendar, landlord failed to demonstrate a reasonable excuse for the delay, a lack of intent to abandon the proceeding and an absence of prejudice to tenants. Thus, we find no abuse of discretion in the denial of landlord's restoral motion ( cf. Berger East Corp. v. Grigg, 6 Misc 3d 76).

This constitutes the decision and order of the court.