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30 E. Realty LLC v Galise
2005 NY Slip Op 51935(U) [10 Misc 3d 130(A)]
Decided on November 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 29, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: NOVEMBER 2004 TERM Suarez, P.J., Davis, Gangel-Jacob, JJ.


30 East Realty LLC, Petitioner-Landlord Respondent, NY County Clerk No. 570331/04 Calendar No.

against

James Galise,04-347-348 Respondent-Tenant-Appellant.


Tenant appeals from an order of Civil Court, New York County (Gerald Lebovits, J.), dated May 18, 2004, which denied his motion to vacate a possessory judgment and warrant of eviction issued in a nonpayment summary proceeding.


PER CURIAM:

Order (Gerald Lebovits, J.), dated May l8, 2004, affirmed without costs.

In light of the infirm tenant's satisfaction of the judgment amount and his compliance with the payment conditions imposed by this Court, we permanently stay execution of the warrant so as to avoid a forfeiture of the stabilized tenancy.

This constitutes the decision and order of the court.
Decision Date: November 29, 2005