| 421 W. 22 LLC & 421 W. 22B LLC v Walberg |
| 2011 NY Slip Op 50171(U) [30 Misc 3d 136(A)] |
| Decided on February 15, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 appeals from (1) an order of the Civil Court of the City of New York, New York
County (Brenda S. Spears, J.), dated June 23, 2010, which denied his motion to stay the
execution of the warrant of eviction in a holdover summary proceeding, and (2) an order (same
court and Judge), dated October 6, 2010, which denied his motion to reargue and renew the
aforesaid order.
Per Curiam.
Order (Brenda S. Spears, J.), dated June 23, 2010, reversed, without costs, and tenant's motion to stay the execution of the warrant of eviction granted. Appeal from order (same Judge), dated October 6, 2010, to the extent appealable, dismissed, without costs, as moot.
In light of the particular facts and circumstances underlying this appeal, including tenant's [FN1] apparent confusion regarding how he should make a payment under the subject stipulation when a payment deadline falls on a weekend, good cause existed to afford tenant a stay of the execution of the warrant of eviction (see generally Bromley Co. LLC v Rachman-Coakley, 24 Misc 3d 144[A], 2009 NY Slip Op 51787[U] [2009]; cf. Chelsea 19 Assoc. v James, 21 Misc 3d 129[A], 2008 NY Slip Op 52013[U] [2008], affd 67 AD3d 601 [2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 15, 2011