Opinion
570294/04.
Decided October 21, 2008.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), dated June 4, 2007, which denied his motion to permanently stay execution of the warrant of eviction in a holdover summary proceeding.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Order (Pam B. Jackman Brown, J.), dated June 4, 2007, reversed, without costs, motion granted and execution of the warrant of eviction permanently stayed.
Even if unexcused, the stabilized tenant's apparent failure to refund the excess rental amounts collected from his roommates provides no basis for the eviction penalty sought by landlord ( see First Hudson Capital, LLC v Seaborn, 54 AD3d 251[decided after issuance of the order here under review]). The Appellate Division's recent holding in Seaborn, which did not represent "a sharp break in the continuity of law," is properly applied retrospectively to this matter "still in the normal litigating process" ( Gurnee v Aetna Life Cas. Co., 55 NY2d 184, 191, rearg denied 56 NY2d 567, cert denied 459 US 837).
THIS CONSTITUTES THE ORDER OF THE COURT.