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Central Park W. Realty v. Stocker

Appellate Term of the Supreme Court of New York, First Department
Feb 5, 2004
2004 N.Y. Slip Op. 50058 (N.Y. App. Term 2004)

Opinion

571158/02, 03-064/067.

Decided February 5, 2004.

Landlord appeals, as limited by its briefs, from an order of the Civil Court, New York County, dated January 10, 2002 (Timmie Erin Elsner, J.) denying its cross-motion for summary judgment; from an order of the same court and judge dated April 3, 2002 which, on renewal and reargument, adhered to the prior order denying summary judgment; and from a final judgment entered May 31, 2002 after trial (Laurie L. Lau, J.) granting possession to landlord but permanently staying execution of the warrant. Tenant cross-appeals from the order dated January 10, 2002 (Timmie Erin Elsner, J.) insofar as it denied her motion to dismiss the petition.

Final judgment entered May 31, 2002 (Laurie L. Lau, J.) affirmed, with $25 costs.

Appeals from orders dated January 10, 2002 and April 3, 2002 (Timmie Erin Elsner, J.) dismissed, without costs, as academic.

PRESENT: HON. LUCINDO SUAREZ, P.J. HON. WILLIAM J. DAVIS HON. MARTIN SCHOENFELD, Justices.


Civil Court properly stayed execution of the warrant at the conclusion of the proceeding (see, RPAPL § 753) and declined to enforce an eviction for profiteering based upon the stabilized tenant's unauthorized sublet of one month. The sublease had terminated prior to landlord's service of a notice to cure, and tenant refunded the overcharge to the subtenant shortly after commencement of the holdover. This conduct did not rise to the level requisite for forfeiture of a long-term regulated tenancy (see, Ariel Associates v. Brown, 271 AD2d 369; Chelsea 19 Associates v. Smith, NYLJ, March 22, 2000, at 27, col 1 [App Term, 1st Dept]; cf, BLF Realty v. Kasher, 299 AD2d 87 [tenant subdivided the space and overcharged the subtenants over a four-year period]).

Although landlord was granted a final judgment, the warrant was permanently stayed and landlord did not prevail on its central claim for eviction. In this posture, each party should bear its own legal costs (see, RAM I, LLC v. Stuart, 248 AD2d 255).

This constitutes the decision and order of the court.


Summaries of

Central Park W. Realty v. Stocker

Appellate Term of the Supreme Court of New York, First Department
Feb 5, 2004
2004 N.Y. Slip Op. 50058 (N.Y. App. Term 2004)
Case details for

Central Park W. Realty v. Stocker

Case Details

Full title:CENTRAL PARK WEST REALTY, LLC…

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

Date published: Feb 5, 2004

Citations

2004 N.Y. Slip Op. 50058 (N.Y. App. Term 2004)