Opinion
No. 570242/13.
05-30-2014
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.