| Eng v Rosado |
| 2009 NY Slip Op 52144(U) [25 Misc 3d 132(A)] |
| Decided on October 22, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court of the City of New York, New York
County (Sabrina B. Kraus, J.), dated February 11, 2009, which permanently stayed issuance of
the warrant of eviction in a holdover summary proceeding.
Per Curiam.
Order (Sabrina B. Kraus, J.), dated February 11, 2009, affirmed, with $10 costs.
We agree, essentially for reasons stated by Civil Court, that tenants substantially complied
with the cure provisions of the unappealed final judgment by removing, as directed, the "floating
Pergo" floor in the living room and hallway of the apartment premises. The original flooring,
prior to any alterations made by tenants, was made of (now) rotted wood. Thus, landlord's
assertion that the cure effectuated by tenants was inadequate because it did not include
restoration of certain "PVC" tiles was properly rejected. THIS CONSTITUTES THE DECISION
AND ORDER OF THE COURT.
Decision Date: October 22, 2009