Opinion
570807/07.
Decided on October 7, 2008.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated September 26, 2007, which granted tenant's motion to stay execution of the warrant of eviction and extended tenant's time to comply with the parties' stipulation in a nonpayment summary proceeding.
Order (Gary F. Marton, J.), dated September 26, 2007, affirmed, with $10 costs.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Measuring the tenant's brief lapse in payment "against the harsh result which would obtain upon literal enforcement of the default provision" in the parties' settlement stipulation ( 1781 Riverside, LLC v Quinones , 4 Misc 3d 137[A], 2004 NY Slip Op 50844[U] [2004], quoting Bank of New York v Forlini, 220 AD2d 377, 378), we sustain Civil Court's discretionary determination to relieve the elderly tenant of her payment default so as to avoid forfeiture of her 40-year rent-controlled tenancy. We note that tenant fully paid the amount due under the stipulation upon obtaining funds from the Human Resources Administration and a charitable organization. "An indigent tenant who resides in an apartment for many years should not be evicted where she has made diligent efforts to comply with the terms of the settlement agreement, only to be stymied by events beyond her control" ( 2246 Holding Corp. v Nolasco , 52 AD3d 377 , 378).