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944 Kent, LLC v. Padilla

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Jul 7, 2015
18 N.Y.S.3d 580 (N.Y. App. Div. 2015)

Opinion

No. 2014–573 K C.

07-07-2015

944 KENT, LLC, Appellant, July 7, 2015 v. Juliete PADILLA, Respondent.


Opinion

ORDERED that the order is affirmed, without costs.

In this chronic-late-payment holdover proceeding, landlord appeals from an order which conditionally granted tenant's motion to vacate a final judgment entered following a default under a stipulation of settlement. 2 DP1?Upon a review of the record, we find that, under all the circumstances presented, including the 30–year length of the tenancy, the availability of all the arrears and tenant's showing that she was now receiving social security payments which would enable her to timely pay the rent in the future, the Civil Court did not improvidently exercise its discretion in conditionally vacating the default final judgment.

Accordingly, the order is affirmed.

ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.


Summaries of

944 Kent, LLC v. Padilla

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Jul 7, 2015
18 N.Y.S.3d 580 (N.Y. App. Div. 2015)
Case details for

944 Kent, LLC v. Padilla

Case Details

Full title:944 KENT, LLC, Appellant, July 7, 2015 v. Juliete PADILLA, Respondent.

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Jul 7, 2015

Citations

18 N.Y.S.3d 580 (N.Y. App. Div. 2015)