100 Jane St., L.P. v Vitale (2005 NYSlipOp 50504(U))

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100 Jane St., L.P. v Vitale

2005 NYSlipOp 50504(U)

Decided on April 8, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 8, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
570023/05

100 Jane Street, L.P., Petitioner-Landlord-Appellant,

against

Deborah Vitale, 100 Jane Street, Apt. 8K New York, New York 10014, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court, New York County, dated October 20, 2004 (Peter M. Wendt, J.) which conditionally granted tenant's motion to be restored to possession of the subject premises upon payment to landlord of $8,525.99 by a date certain.

PER CURIAM:

Order dated October 20, 2004 (Peter M. Wendt, J.) affirmed, without costs.

Civil Court appropriately exercised its discretion and for good cause vacated the warrant of eviction so as to restore the stabilized tenant to possession upon her payment of all outstanding arrears, eviction costs, and attorney's fees (see 102-116 Eighth Ave. Assocs., L.P. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts Co. v Scott, 271 AD2d 273 [2000]).

This constitutes the decision and order of the court.
Decision Date: April 08, 2005