[*1]
| Jones St. Bldg. Assoc. v Moskowitz |
| 2010 NY Slip Op 51920(U) [29 Misc 3d 132(A)] |
| Decided on November 10, 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| This opinion is uncorrected and will not be
published in the printed Official Reports. |
APPELLATE TERM OF THE SUPREME COURT, FIRST
DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570415/10.
Jones Street Building Associates,
Petitioner-Landlord-Respondent,
against
Roselee Moskowitz, Respondent-Tenant-Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Bruce E. Scheckowitz, J.), dated May 10, 2010, which granted her motion to be restored to
possession of the premises in a nonpayment summary proceeding but conditioned restoration
upon the payment of $8,348.95 by May 14, 2010.
Per Curiam.
Order (Bruce E. Scheckowitz, J.), dated May 10, 2010, affirmed, without costs.
Tenant failed to comply with the payment schedule set forth in the so-ordered stipulation of
settlement resolving this nonpayment summary proceeding and failed to comply with payment
deadline extensions provided in subsequent court orders (one specifically denominated as
"final"), resulting in tenant's eviction from the subject apartment premises. In this posture, and
considering the considerable rental arrears which had amassed and tenant's inability to obtain
funds from charitable organizations to satisfy the arrears, Civil Court providently exercised its
discretion in denying tenant's motion for restoration relief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
| NOVEMBER 10, 2010 |
| SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT |
| | | | | | | |
| | | |
| | | | | | | |
September 2010 Term |
| | | |
| Schoenfeld, J.P., Shulman, Hunter, Jr., JJ. |
| | | | |
Jones Street Building Associates, NY County Clerk's No.
Petitioner-Landlord-Respondent,570415/10
-
against-
Roselee Moskowitz,Calendar No. 10-270
Respondent-Tenant-Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York
County (Bruce E. Scheckowitz, J.), dated May 10, 2010, which granted her motion to be restored
to possession of the premises in a nonpayment summary proceeding but conditioned restoration
upon the payment of $8,348.95 by May 14, 2010.
Per Curiam.
Order (Bruce E. Scheckowitz, J.), dated May 10, 2010, affirmed, without costs.
Tenant failed to comply with the payment schedule set forth in the so-ordered stipulation
of settlement resolving this nonpayment summary proceeding and failed to comply with payment
deadline extensions provided in subsequent court orders (one specifically denominated as
"final"), resulting in tenant's eviction from the subject apartment premises. In this posture, and
considering the considerable rental arrears which had amassed and tenant's inability to obtain
funds from charitable organizations to satisfy the arrears, Civil Court providently exercised its
discretion in denying tenant's motion for restoration relief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 10, 2010
Decision Date: November 10, 2010