[*1]
85th Columbus Corp. v Grail
2006 NY Slip Op 50465(U) [11 Misc 3d 134(A)]
Decided on March 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 28, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ
570648/04.

85th Columbus Corp., Petitioner-Landlord-Appellant,

against

Tom Grail and Lisa B. Grail, Respondents-Tenants-Respondents, "John and/or Jane Doe", Respondents-Undertenants.


Landlord appeals from an order of the Civil Court,


New York County (Jean T. Schneider, J.), dated June 10, 2004, which denied its motion to restore the case to the calendar and granted tenant's cross motion to dismiss the petition in a holdover summary proceeding.
PER CURIAM:

Order (Jean T. Schneider, J.), dated June 10, 2004, affirmed, with $10 costs.

In seeking to restore this 2001 "summary" eviction proceeding more than two years after the case was marked off the calendar, landlord failed to demonstrate a reasonable excuse for the delay, a lack of intent to abandon the proceeding and an absence of prejudice to tenants. Thus, we find no abuse of discretion in the denial of landlord's restoral motion (cf. Berger East Corp. v Grigg, 6 Misc 3d 76 [2004]).

This constitutes the decision and order of the court.
Decision Date: March 28, 2006