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Riverton Assoc. v. Garland

Appellate Term of the Supreme Court of New York, First Department
Feb 1, 2006
2006 N.Y. Slip Op. 50117 (N.Y. App. Term 2006)

Opinion

570191/04.

Decided February 1, 2006.

Tenant appeals from an order of the Civil Court, New York County (Ruben Andres Martino, J.), entered on or about December 7, 2004, after a hearing, which denied tenant's motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.

Order (Ruben Andres Martino, J.) entered on or about December 7, 2004, affirmed, with $10 costs.

PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ


Civil Court did not abuse its discretion in denying tenant's motion for a further stay of execution of the warrant of eviction, in light of tenant's repeated defaults in the payment obligations specified in two court orders in this nonpayment proceeding and her history of chronic rent delinquencies. In the absence of good cause (RPAPL 749), the warrant should not be vacated (see New York City Hous. Auth. v. Torres, 61 AD2d 681).

This constitutes the decision and order of the court.


Summaries of

Riverton Assoc. v. Garland

Appellate Term of the Supreme Court of New York, First Department
Feb 1, 2006
2006 N.Y. Slip Op. 50117 (N.Y. App. Term 2006)
Case details for

Riverton Assoc. v. Garland

Case Details

Full title:RIVERTON ASSOCIATES, Petitioner-Landlord-Respondents v. WANDA GARLAND…

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

Date published: Feb 1, 2006

Citations

2006 N.Y. Slip Op. 50117 (N.Y. App. Term 2006)