Opinion
570229/04.
Decided March 17, 2005.
Landlord, as limited by its briefs, appeals from that portion of two "companion" orders of the Civil Court, New York County, each dated July 24, 2003 (Ernest J. Cavallo, J.) which, in effect, conditionally granted tenant's motion to compel landlord to accept her tender of rent due under a stipulation settling the underlying holdover summary proceeding.
Orders dated July 24, 2003 (Ernest J. Cavallo, J.) affirmed, without costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The tenant's delay in tendering the rent payments due under the terms of the so-ordered stipulation settling the underlying holdover proceeding — brought to enforce a "no pet" lease provision — was attributable in part to the parties' failed buyout negotiations and was not shown to have caused any prejudice to landlord. In these circumstances, it was not an abuse of discretion for Civil Court to excuse tenant's rent default upon appropriate conditions pursuant to its continuing supervision over the stipulation's enforcement ( see Malvin v. Schwartz, 65 AD2d 769, affd 48 NY2d 693).
This constitutes the decision and order of the court.