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Jemrock Realty Co., LLC v Garfinkel
2006 NY Slip Op 50369(U) [11 Misc 3d 132(A)]
Decided on March 14, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 14, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., McCooe, Gangel-Jacob, JJ
570524/05.

Jemrock Realty Company, LLC, Plaintiff-Landlord-Appellant,

against

James Garfinkel and Georganne Garfinkel, Respondents-Tenants-Respondents.


Landlord appeals from an order of the Civil Court, New York County (Jean T. Schneider, J.), entered March 22, 2005, which granted tenants' motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.


PER CURIAM:

Order (Jean T. Schneider, J.), entered March 22, 2005, affirmed, without costs.

Civil Court did not abuse its discretion in granting tenants' motion to vacate the final judgment and warrant of eviction in this nonpayment proceeding. On this record, tenants' late payment of the final installment due under the parties' January 14, 2005 stipulation (after two timely payments) was de minimis and does not warrant forfeiture of the long-term stabilized tenancy (see Malvin v Schwartz, 65 AD2d 769 [1978], affd 48 NY2d 693 [1979]).

This constitutes the decision and order of the court.
I concur I concur I concur
Decision Date: March 14, 2006