M & B Lincoln Realty Corp. v Lubrun (2004 NY Slip Op 50668(U))

[*1]

M & B Lincoln Realty Corp. v Lubrun

2004 NY Slip Op 50668(U)

Decided on June 23, 2004

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 23, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:DECIDED June 23, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1438 K C

M & B LINCOLN REALTY CORP., Appellant,

against

MARIE LUBRUN, Respondent, -and- JOHN DOE and JANE DOE, Undertenants.

Appeal by landlord from an order of the Civil Court, Kings County (O. Chin, J.), dated October 1, 2003, conditionally granting tenant's motion to stay execution of the warrant.

Order unanimously reversed without costs and tenant's motion to stay execution of the warrant denied.

In view of tenant's prior breaches, during the probationary period, of the terms of the stipulation settling this chronic-nonpayment holdover proceeding, the Housing Court abused its discretion in excusing tenant's lateness in making the payment due under the stipulation by September 15, 2003 and in granting tenant's motion to stay execution of the warrant of eviction (M.F. Realty v Santini, NYLJ, July 15, 2003 [App Term, 1st Dept]; Kalimian v Cutarella, NYLJ, May 23, 2003 [App Term, 1st Dept]; King Enters. v Franceschi, NYLJ, July 13, 2001 [App Term, 1st Dept]).
Decision Date: June 23, 2004