| Sherman Nagle Realty Corp. v Felipe |
| 2007 NY Slip Op 50808(U) [15 Misc 3d 136(A)] |
| Decided on April 18, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 of the City of New York, New York County (Peter M. Wendt, J.), dated November 9, 2006, which granted tenant's motion to stay execution of a warrant of eviction issued in a holdover summary proceeding.
PER CURIAM:
Order (Peter M. Wendt, J.), dated November 9, 2006, affirmed, without costs.
Measuring the tenant's brief lapse in payment "against the harsh result which would obtain upon literal enforcement of the default provision" in the parties' settlement stipulation (1781 Riverside LLC v Quinones, 2004 NY Slip Op 50844[U] [App Term, lst Dept], quoting Bank of New York v Forlini, 220 AD2d 377, 378 [1995]), we sustain Civil Court's discretionary determination to relieve the elderly, disabled tenant from what the court fairly described as her "single inadvertent default" under the payment terms of the stipulation. As the court appropriately recognized, a forfeiture of the rent stabilized tenancy is unwarranted in the circumstances present.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 18, 2007