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2242 Clarendon Realty, LLC v Etienne
2014 NY Slip Op 51665(U) [45 Misc 3d 132(A)]
Decided on November 6, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1222 K C

2242 Clarendon Realty, LLC, Respondent,

against

Edith Etienne, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Gary Franklin Marton, J.), dated June 11, 2013. The order denied tenant's motion to be restored to possession in a nonpayment summary proceeding.

ORDERED that the order is reversed, without costs, and tenant's motion to be restored to possession is granted.

In this nonpayment proceeding, tenant appeals from an order denying her motion to be restored to possession.

Tenant's default under the parties' stipulation in this proceeding was minimal, inadvertent and promptly cured, as tenant secured a commitment for assistance from


the New York City Human Resources Administration to pay all of her rental arrears, as well as landlord's legal and marshal fees, within 10 days after the arrears were due under the terms of the stipulation. Moreover, tenant had made substantial payments throughout the proceeding, and the record indicates that tenant will be able to pay the rent going forward. Under all of the circumstances presented, we find that the Civil Court should have granted tenant's motion to be restored to possession (see e.g. 679 Sterling Place Corp. v Hayes, 29 Misc 3d 134[A], 2010 NY Slip Op 51950[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; Winthrop Realty, LLC v Menal, 21 Misc 3d 141[A], 2008 NY Slip Op 52383[U] [App Term, 2d & 11th Jud Dists 2008]; Equity LLC v Ottley, 14 Misc 3d 126[A], 2006 NY Slip Op 52374[U] [App Term, 2d & 11th Jud Dists 2006]).

Accordingly, the order is reversed and tenant's motion to be restored to possession is granted.

Pesce, P.J., Aliotta and Elliot, JJ., concur.


Decision Date: November 06, 2014