M B Lincoln Realty Corp. v. Lubrun

Full title: M B LINCOLN REALTY CORP., Appellant, v. MARIE LUBRUN, Respondent, and JOHN…

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

Date published: Jun 23, 2004

2004 N.Y. Slip Op. 50668 (N.Y. App. Term 2004)

Opinion

2003-1438 KC.

Decided June 23, 2004.

Appeal by landlord from an order of the Civil Court, Kings County (O. Chin, J.), dated October 1, 2003, conditionally granting tenant's motion to stay execution of the warrant.

Order unanimously reversed without costs and tenant's motion to stay execution of the warrant denied.

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.

In view of tenant's prior breaches, during the probationary period, of the terms of the stipulation settling this chronic-nonpayment holdover proceeding, the Housing Court abused its discretion in excusing tenant's lateness in making the payment due under the stipulation by September 15, 2003 and in granting tenant's motion to stay execution of the warrant of eviction ( M.F. Realty v. Santini, NYLJ, July 15, 2003 [App Term, 1st Dept]; Kalimian v. Cutarella, NYLJ, May 23, 2003 [App Term, 1st Dept]; King Enters. v. Franceschi, NYLJ, July 13, 2001 [App Term, 1st Dept]).