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601 W. Realty, LLC v Quezada
2011 NY Slip Op 51957(U) [33 Misc 3d 132(A)]
Decided on November 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 2, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570180/11.

601 West Realty, LLC, Petitioner-Landlord-Appellant,

against

Lina Quezada, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated May 6, 2010, which, in effect, granted tenant's motion to vacate a warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Order (Peter M. Wendt, J.), dated May 6, 2010, affirmed, without costs.

Under the particular facts and circumstances of this case, Civil Court properly exercised its discretion and for good cause vacated the warrant of eviction issued in this nonpayment summary proceeding (see 102-116 Eighth Ave. Assoc. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts. Co. v Heim, 158 Misc 2d 982, 983-984 [1993]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 02, 2011