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Three in One Equities LLC v. Santos

Supreme Court, Appellate Term, First Department, New York.
May 30, 2014
993 N.Y.S.2d 646 (N.Y. App. Term 2014)

Opinion

No. 570242/13.

05-30-2014

THREE IN ONE EQUITIES LLC, Petitioner–Landlord–Appellant, v. Esperanza SANTOS, Respondent–Tenant–Respondent.


Opinion

Order (Brenda S. Spears, J.), dated March 12, 2013, affirmed, without costs.

Under the particular facts and circumstances of record in this nonpayment summary proceeding, and since it appears that the stabilized tenant filed her restoral motion within hours of her eviction, Civil Court appropriately exercised its discretion and for good cause vacated the warrant of eviction so as to restore the tenant to possession upon her payment of all outstanding arrears, eviction costs, and attorney's fees (see 102–116 Eighth Ave. Assoc ., L.P. v. Oyola, 299 A.D.2d 296 [2002];Parkchester Apts. Co. v. Scott, 271 A.D.2d 273 [2001];see also Harvey 1390 LLC v. Bodenheim, 96 AD3d 664 [2012] ). We note that the abbreviated record now before us-omitting the respective submissions filed by the parties on tenant's preeviction applications for relief-inhibits effective review of the good cause issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

Three in One Equities LLC v. Santos

Supreme Court, Appellate Term, First Department, New York.
May 30, 2014
993 N.Y.S.2d 646 (N.Y. App. Term 2014)
Case details for

Three in One Equities LLC v. Santos

Case Details

Full title:THREE IN ONE EQUITIES LLC, Petitioner–Landlord–Appellant, v. Esperanza…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: May 30, 2014

Citations

993 N.Y.S.2d 646 (N.Y. App. Term 2014)