| 56 Bennett, LLC v Livshits |
| 2006 NY Slip Op 51527(U) [12 Misc 3d 146(A)] |
| Decided on August 3, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court, New York County (Inez Hoyos, J.), dated July 8, 2003, which granted tenant's motion to vacate a warrant of eviction in a nonpayment summary proceeding.
PER CURIAM:
Order (Inez Hoyos, J.), dated July 8, 2003, affirmed, without costs.
Under the present circumstances, and in view of the tenant's tender of the full amount of the final judgment issued in this nonpayment summary proceeding, Civil Court properly exercised its discretion and for good cause shown stayed execution of the warrant of eviction so as to avoid a forfeiture of this long-term stabilized tenancy (see 102-116 Eighth Ave. Assoc., L.P. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts. Co.v Scott, 271 AD2d 273 [2000]). Nor did the dismissal, on procedural grounds, of the tenant's earlier appeal from the final judgment serve to preclude tenant from seeking vacatur relief (see Robinson v State of New York, 15 AD3d 640 [2005]).
This constitutes the decision and order of the court.
Decision Date: August 3, 2006