Opinion
570441/09.
Decided October 22, 2009.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated February 11, 2009, which permanently stayed issuance of the warrant of eviction in a holdover summary proceeding.
Order (Sabrina B. Kraus, J.), dated February 11, 2009, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
We agree, essentially for reasons stated by Civil Court, that tenants substantially complied with the cure provisions of the unappealed final judgment by removing, as directed, the "floating Pergo" floor in the living room and hallway of the apartment premises. The original flooring, prior to any alterations made by tenants, was made of (now) rotted wood. Thus, landlord's assertion that the cure effectuated by tenants was inadequate because it did not include restoration of certain "PVC" tiles was properly rejected.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.