| Romad Realty Inc. v Wan |
| 2006 NY Slip Op 50878(U) [12 Misc 3d 126(A)] |
| Decided on May 16, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court, Bronx County, (Arlene H. Hahn, J.), dated December 1, 2004, which denied her motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.
PER CURIAM:
Order (Arlene H. Hahn, J.), dated December 1, 2004, affirmed, without costs.
In the absence of "good cause shown" (RPAPL § 749 (3)), and in view of the prior extensions afforded tenant to pay the rent arrears embodied in the June 25, 2004 default judgment, there was no abuse of discretion in the denial of tenant's motion for a further stay of the warrant. We note that tenant failed to comply with the payment terms of the conditional stay
granted by this court and that landlord's motion to vacate the stay was previously granted.
This constitutes the decision and order of the court.
Decision Date: May 16, 2006