[*1]
69 Fifth Co. v Partland
2008 NY Slip Op 50222(U) [18 Misc 3d 135(A)]
Decided on February 8, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Heitler, JJ
570422/06.

69 Fifth Company Petitioner-Landlord-Appellant,

against

Linda Partland and Donald Partland Respondents-Tenants-Appellants. -and- Andrea Partland and "John and Jane Doe" Respondents-Undertenants-Respondents


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), dated August 15, 2006, which, inter alia, granted tenants' motion to vacate a warrant of eviction in a nonpayment summary proceeding.


PER CURIAM:
Order (Pam B. Jackman Brown, J.), dated August
15, 2006, affirmed, without costs.
Civil Court appropriately exercised its discretion
and for good cause vacated the warrant of eviction issued in this nonpayment summary proceeding, where tenants tendered the full judgment amount via certified check on or prior to the return date of their motion and most of the substantial arrears sought by landlord had accrued during the course of a prior, extended holdover proceeding resolved in tenants' favor (see generally 102-116 Eighth Ave. Assocs., L.P. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts. Co. v Heim, 158 Misc 2d 982, 983-984 [1993]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 8, 2008