Houston Essex Realty Corp. v Club Old Banque Corp. (2004 NY Slip Op 50258(U))

[*1]

Houston Essex Realty Corp. v Club Old Banque Corp.

2004 NY Slip Op 50258(U)

Decided on March 30, 2004

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 30, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
570753/03

HOUSTON ESSEX REALTY CORP., Petitioner-Landlord-Respondent,

against

CLUB OLD BANQUE CORP. The entire premises known as and located at 225 East Houston Street New York, New York 10003, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court, New York County, dated July 9, 2003 (Geoffrey D. Wright, J.) granting landlord's motion to strike the answer and for a judgment of possession and an order of the Civil Court, New York County, dated August 21, 2003 (Geoffrey D. Wright, J.) denying tenant's motion to vacate the judgment and warrant in this holdover proceeding.

PER CURIAM:

Orders dated July 9, 2003 and August 21, 2003 (Geoffrey D. Wright, J.) affirmed, with $10 costs.

Upon the commercial tenant's failure to timely comply with two prior orders for payment of interim use and occupancy, and its tender of a check which was returned for insufficient funds, Civil Court properly granted judgment for landlord (see, RPAPL § 745[2][c][i]). The court was not authorized to extend the time for payment without consent (see, RPAPL § 745[2][c][iii]), and landlord's acceptance of a belated occupancy payment did not [*2]waive its rights under the statute.

This constitutes the decision and order of the court.