[*1]
1675 Realty LLC v Castillo
2005 NYSlipOp 50683(U)
Decided on May 9, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 9, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570577/03

1675 Realty LLC, Petitioner-Landlord-Respondent,

against

Whalesca Castillo, Respondent-Tenant-Appellant, QUENIA CASTILLO, "JOHN DOE" and "JANE DOE" Respondents-Undertenants.


Tenant appeals from a final judgment of the Civil Court of the City of New York, Bronx County, entered on or about June 16, 2003 after a nonjury trial (Julia I. Rodriguez, J.) which awarded landlord possession of the apartment premises in a holdover summary proceeding.


PER CURIAM:

Final judgment entered on or about June 16, 2003 (Julia I. Rodriguez, J.) affirmed, without costs.

Landlord was properly awarded summary judgment on its chronic rent delinquency holdover petition. The tenant's breach of lease was firmly established in the record, which shows that tenant's persistent rent defaults dated back to the inception of the tenancy and precipitated the commencement of six nonpayment proceedings over a 38-month period, proceedings which were uniformly resolved in the landlord's favor with no bona fide habitability [*2]claim or rent dispute advanced by tenant. Any administrative delays that may have occurred in processing the tenant's (modest) shelter allowance or her applications for Jiggetts relief were not shown to have been caused by "bureaucratic error" as tenant urges and, in any event, provide no excuse for the tenant's demonstrated and recurrent failures to pay any portion of the lease rent when due. Moreover, the record demonstrates that the court considered and balanced the relevant factors set forth in 321-330 East 35th St. Assocs. v Sofizade (191 Misc 2d 329 [2002], lv denied Motion No. M—3429, filed Oct. 1, 2002 [1st Dept]), and appropriately exercised its discretion in denying tenant a permanent stay of the possessory judgment.

This constitutes the decision and order of the court.
Decision Date: May 09, 2005