Giffuni Bros. v Gross
2003 NY Slip Op 51473(U)
Decided on November 25, 2003
Appellate Term, First Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Landlord and Tenant—Summary Proceedings—Chronic Late Payment of Rent

Decided on November 25, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
571087/02

GIFFUNI BROS. a/k/a GIFFUNI BROTHERS, a Partnership, Petitioner-Landlord-Respondent- Cross-Appellant, [*2]

against

RONALD GROSS and MILLIE GROSS a/k/a MILAGROS B. GROSS, Respondents-Tenants-Appellants- Cross-Respondents.


Tenants appeal from so much of a final judgment of the Civil Court, New York County, dated January 27, 2003 (Jean T. Schneider, J.) as denied tenants' motion for a discretionary stay of the possessory judgment pursuant to CPLR 2201. Landlord cross appeals from so much of the final judgment which stayed issuance of the warrant through June 15, 2003 pursuant to RPAPL 753(1) and limited tenants' use and occupancy to $2,058.55 per month.


PER CURIAM:

Final judgment dated January 27, 2003 (Jean T. Schneider, J.) affirmed, without costs.

In this holdover summary proceeding based upon chronic rent defaults, [*3]Civil Court appropriately exercised its discretion in denying tenants' motion for a permanent stay of the possessory judgment. The record demonstrates that the court considered and balanced the relevant factors set forth in 321-330 East 35th Street Assoc. v Sofizade (191 Misc 2d 329 [2002]), and reasonably concluded that tenants' current financial condition did not warrant post-judgment relief.

On landlord's cross-appeal, we find no cause to disturb the discretionary stay granted pursuant to RPAPL §753(1), conditioned upon tenants' continued timely payment of use and occupancy in the amount previously payable as rent.

This constitutes the decision and order of the court.