Opinion
570158/08.
Decided on November 21, 2008.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated January 11, 2008, which granted tenant's motion to vacate the warrant of eviction in a nonpayment summary proceeding.
PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ.
Order (Jean T. Schneider, J.), dated January 11, 2008, affirmed, with $10 costs.
Civil Court appropriately exercised its discretion and for good cause shown vacated the warrant of eviction issued in this nonpayment proceeding upon tenant's payment of the full judgment amount and landlord's legal costs ( see Parkchester Apartments Co. v Scott, 271 AD2d 273). The tenant's minor delay in payment was caused by his attorney's inadvertent failure to timely tender escrow funds upon the denial of the parties' post-trial motions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.