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Ormonde Equities, LLC v Brickley
2008 NY Slip Op 52339(U) [21 Misc 3d 139(A)]
Decided on November 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ
570158/08.

Ormonde Equities, LLC, Petitioner-Landlord-Appellant,

against

James P. Brickley, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated January 11, 2008, which granted tenant's motion to vacate the warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Order (Jean T. Schneider, J.), dated January 11, 2008, affirmed, with $10 costs.

Civil Court appropriately exercised its discretion and for good cause shown vacated the warrant of eviction issued in this nonpayment proceeding upon tenant's payment of the full judgment amount and landlord's legal costs (see Parkchester Apartments Co. v Scott, 271 AD2d 273 [2000]). The tenant's minor delay in payment was caused by his attorney's inadvertent failure to timely tender escrow funds upon the denial of the parties' post-trial motions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 21, 2008