[*1]
Hitchcock Plaza Inc. v Willard
2005 NYSlipOp 50943(U)
Decided on June 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 23, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.


Hitchcock Plaza Inc.,NY County Clerk's #570377/04 Petitioner-Landlord-Appellant,

against

Richard Willard and Antoinette Willard, Respondents-Tenants-Respondents.


Landlord appeals from an order of the Civil Court, New York County, dated March 25, 2004 (Peter M. Wendt, J.) which granted tenants' motion to stay execution of the warrant of eviction and to compel landlord to accept their tender of rent due under a stipulation of settlement in a holdover summary proceeding.


PER CURIAM:

Order dated March 25, 2004 (Peter M. Wendt, J.) affirmed, with $10 costs.

Measuring the tenants' brief lapse in payment "against the harsh result which would obtain upon literal enforcement of the default provision" in the parties' settlement stipulation (1781 Riverside, LLC v Quinones, 2004 NY Slip Op 50844[U] [App Term, 1st Dept], quoting Bank of New York v Forlini, 220 AD2d 377, 378 [1995]), we sustain Civil Court's discretionary determination to relieve tenants of what the court fairly described as their "very minor and technical" defaults under the payment terms of the parties' June 12, 2003 settlement stipulation. As the court appropriately recognized, a forfeiture of this long-term rent stabilized [*2]tenancy is unwarranted in the circumstances present.

This constitutes the decision and order of the court.
Decision Date: June 23, 2005