APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by tenant-appellant for summary reversal granted to the extent of providing that the order of the Civil Court of the City of New York, Kings County (Sabrina Kraus, J.), dated December 4, 2007, denying tenant's motion to be restored to possession is reversed without costs and tenant-appellant's motion to be restored to possession is granted on condition tenant-appellant pay landlord-respondent the sum of $8,559.50 within 10 days of the date of the order hereon. Tenant shall be restored forthwith upon tendering said sum.

In view of the Legal Aid Society's August 15, 2007 application to have tenant intervene in the Jiggetts action, the Supreme Court's order of September 6, 2007 granting tenant's application to intervene and directing the New York State Office of Temporary and Disability Assistance (OTDA) to authorize the payment of all arrears in tenant's rent and ongoing rent, and OTDA's failure to timely comply with said order prior to the expiration of the stay of eviction granted therein, tenant's default under the Civil Court order dated July 24, 2007 should have been excused on condition landlord be made whole by payment of all the rent arrears as well as landlord's marshal and legal fees (see BJB Realty Corp. v Holloway, 10 Misc 3d 133[A], 2005 NY Slip Op 52085[U] [App Term, 2d & 11th Jud Dists]).

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Presiding Justice, Appellate Term

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Associate Justice, Appellate Term

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Associate Justice, Appellate Term