| 34 Realty LLC v Udoh |
| 2009 NY Slip Op 50520(U) [23 Misc 3d 126(A)] |
| Decided on March 26, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant and respondent Ndefo appeal from a final judgment of the Civil Court of the City of
New York, New York County (Laurie L. Lau, J.), entered September 6, 2007, after a nonjury
trial, which awarded possession to landlord in a holdover summary proceeding.
Per Curiam.
Final judgment (Laurie L. Lau, J.), entered September 6, 2007, affirmed, without costs, for the reasons stated by Laurie L. Lau, J. at Civil Court. Execution of the warrant shall be stayed on condition that tenant, within 10 days after service of a copy of this order with notice of entry, cures the breach of lease.
The trial evidence overwhelmingly established that tenant violated a substantial obligation of the tenancy by subletting the stabilized apartment premises without landlord's written consent (see Real Property Law § 226-b), while living in a nearby Mitchell-Lama cooperative apartment. Inasmuch as the holdover petition was premised upon a breach of lease, tenant must be afforded the remedy of a post-judgment cure (see RPAPL 753[4]); Cutler v North Shore Towers Assoc., 125 AD2d 532, 533 [1986]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 26, 2009