Jemrock Realty Co., LLC v. Garfinkel

Full title: JEMROCK REALTY COMPANY, LLC, Plaintiff-Landlord-Appellant, v. JAMES…

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

Date published: Mar 14, 2006

2006 N.Y. Slip Op. 50369 (N.Y. App. Term 2006)

816 N.Y.S.2d 696

Opinion

570524/05.

Decided March 14, 2006.

Landlord appeals from an order of the Civil Court, New York County (Jean T. Schneider, J.), entered March 22, 2005, which granted tenants' motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.

Order (Jean T. Schneider, J.), entered March 22, 2005, affirmed, without costs.

PRESENT: Suarez, P.J., McCooe, Gangel-Jacob, JJ

PER CURIAM:

Civil Court did not abuse its discretion in granting tenants' motion to vacate the final judgment and warrant of eviction in this nonpayment proceeding. On this record, tenants' late payment of the final installment due under the parties' January 14, 2005 stipulation (after two timely payments) was de minimis and does not warrant forfeiture of the long-term stabilized tenancy ( see Malvin v. Schwartz, 65 AD2d 769, affd 48 NY2d 693).

This constitutes the decision and order of the court.

I concur.