Tenant appeals from an order of the Civil Court of the City of New York, Bronx County, entered March 11, 2003 after a hearing (Howard Malatzky, J.) which granted landlord's motion to execute a warrant of eviction pursuant to a so-ordered stipulation settling a holdover summary proceeding.

PER CURIAM:

Order entered March 11, 2003 (Howard Malatzky, J.) reversed, without costs, and matter remanded to the Civil Court for a hearing consistent with this decision.

The limited evidence adduced at the 2003 hearing on landlord's motion to execute a warrant of eviction issued in 1999 did not satisfactorily establish whether or not the elderly tenant maintained a washing machine in her apartment in violation of a 1999 stipulation. Balancing the landlord's stated concerns over reported water leaks against the tenant's interest in preserving her 21-year stabilized tenancy, fairness dictates that there be a more probing inquiry into the current status of the alleged washing machine before a final resolution of the matter is reached. The tenant must allow total access to the landlord to determine if a washing machine is present. Failure to do so will justify a conclusion that it is present. [*2]

This constitutes the decision and order of the court.
Decision Date: June 30, 2005