| Lowe v Barney |
| 2007 NY Slip Op 50390(U) [14 Misc 3d 144(A)] |
| Decided on March 2, 2007 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Gary Franklin Marton, J.), dated November 25, 2005. The order conditionally vacated the warrant in a nonpayment summary proceeding.
Order affirmed without costs.
In view of the 25-year duration of the tenancy, tenant's good faith efforts to obtain rental assistance and the de minimis nature of the default under the stipulation, which default arose from processing delays at the Department of Social Services, the court below did not improvidently exercise its discretion in vacating the warrant in this nonpayment summary proceeding for good cause shown (see e.g. J & H Mgt. v Hai, 8 Misc 3d 139[A], 2005 NY Slip Op 51329[U] [App Term, 2d & 11th Jud Dists]; 1058 Bushwick Ave. Corp. v Heard, 7 Misc 3d 133[A], 2005 NY Slip Op 50647[U] [App Term, 2d & 11th Jud Dists]). Accordingly, the order is affirmed.
Pesce, P.J., Golia and Belen, JJ., concur.
Decision Date: March 2, 2007