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Yorkville 82 LLC v Ruiz
2010 NY Slip Op 51886(U) [29 Misc 3d 131(A)]
Decided on November 5, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570037/10.

Yorkville 82 LLC, Petitioner-Landlord-Appellant,

against

Edelmira Ruiz, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated April 1, 2010, which granted tenant's motion to stay the execution of the warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Order (Michelle D. Schreiber, J.), dated April 1, 2010, affirmed, without costs.

Under the particular facts of this case, Civil Court providently exercised its discretion in granting tenant's motion for a stay of the execution of the warrant of eviction (see 2246 Holding Corp. v Nolasco, 52 AD3d 377 [2008]; Chong King Enters., Inc. v Nunez, 21 Misc 3d 129[A], 2008 NY Slip Op 51995[U] [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 05, 2010