Eighty Eight Bleecker Co., LLC v. Einstoss

Full title: EIGHTY EIGHT BLEECKER CO., LLC, Petitioner-Landlord-Appellant, v. JOSEPH…

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

Date published: May 12, 2011

2011 N.Y. Slip Op. 50858 (N.Y. App. Term 2011)

Opinion

570017/11.

Decided May 12, 2011.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated October 19, 2010, which denied its motion to restore a holdover summary proceeding to the calendar.

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ.

PER CURIAM.

Order (Brenda S. Spears, J.), dated October 19, 2010, affirmed, without costs.

We sustain the denial of landlord's motion to restore the underlying holdover summary proceeding to the calendar, since the motion was based solely on vague, hearsay allegations that were insufficient to demonstrate that tenant violated the settlement stipulation or to warrant a hearing on the issue ( see 75 Bruce, LLC v Diaz , 25 Misc 3d 131 [A], 2009 NY Slip Op 52127[U]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.