Tenant appeals from (1) a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered March 29, 2005, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding; and (2) an order, same court and Judge, dated June 14, 2005, which denied tenant's motion to vacate the judgment or for issuance of a stay pursuant to RPAPL 753(4).

PER CURIAM:

Final judgment (Brenda S. Spears, J.), entered March 29, 2005, and order (same Judge), dated June 14, 2005, modified to stay execution of the warrant on condition that tenant, within 10 days after service of a copy of this order with notice of entry, grants access to landlord for the purpose of effectuating repairs, and as so modified, affirmed, without costs.

Landlord commenced this holdover summary proceeding on the ground that tenant had violated a substantial obligation of her long-term stabilized tenancy by failing to provide access to the apartment premises to enable landlord to effectuate repairs and remove housing violations. The trial evidence supports the court's determination that tenant consistently failed to provide access to landlord. While landlord was properly awarded a possessory judgment, tenant was entitled to the benefit of the mandatory cure provision of RPAPL 753(4).

This constitutes the decision and order of the court.
Decision Date: January 26, 2006