Opinion
570856/03, 04-121.
Decided June 28, 2005.
Tenants appeal from an order of the Civil Court of the City of New York, Bronx County, entered on or about October 30, 2003 after a hearing (Arlene H. Hahn, J.) which denied their motion to stay execution of a warrant of eviction and to extend their time to comply with the parties' stipulation in a holdover summary proceeding.
Order dated October 30, 2003 (Arlene H. Hahn, J.) reversed, without costs, and tenants' motion granted to the extent of staying execution of the warrant.
PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ.
Measuring the tenants' 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, 2004 NY Slip Op 50844[U] [App Term, 1st Dept], quoting Bank of New York v. Forlini, 220 AD2d 377, 378), we exercise our discretion to relieve tenants of their payment default so as to avoid a forfeiture of their long-term rent stabilized tenancy. In so doing, we note that tenants timely tendered the substantial (over $3,200) lump sum payment specified in the stipulation and, so far as appears, have complied with their payment obligations during the period of the stay granted by this court.
This constitutes the decision and order of the court.