[*1]
Congress Houston LLC v Masuo
2009 NY Slip Op 50432(U) [22 Misc 3d 140(A)]
Decided on March 13, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 13, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.

Congress Houston LLC, Petitioner-Landlord-Respondent, 570483/08

against

Shirley Masuo and Yoshiaki Masuo, Respondents-Tenants-Appellants.


Tenants appeal from an order of the Civil Court of the City of New York, New York County (Oymin Chin, J.), dated June 18, 2008, which granted landlord's motion to restore the case to the calendar.


Per Curiam.

Order (Oymin Chin, J.), dated June 18, 2008, affirmed, with $10 costs.

This nonprimary residence holdover proceeding was marked off the calendar on consent in June 2006 pending document production. The petitioner landlord's motion to restore, made approximately 23 months later, after completion of discovery and the substitution of landlord's counsel, was properly granted in view of the landlord's (unchallenged) showing of a potentially meritorious claim, the lack of prejudice to tenant, and the fact that the case was marked off calendar through no fault of landlord (see 184 W. 10th Corp. v Westcott, 20 Misc 3d 24 [2008]; Berger E. Corp. v Grigg, 6 Misc 3d 76 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 13, 2009