Petitioner-landlord appeals from 1) an order of the Civil Court of the City of New York, New York County (John H. Stanley, J.), dated July 11, 2011, which, inter alia, granted tenant's motion to vacate a final judgment and dismiss the petition in a nonpayment summary proceeding, and 2) an order (same court and Judge), dated October l3, 2011, which, upon reargument, adhered to the aforesaid order.

Per Curiam.

Order (John H. Stanley, J.), dated July ll, 2011, reversed, without costs, tenant's motion denied, petition and final judgment reinstated, and landlord's cross motion granted to the extent of substituting LPF Sagamore, Inc. as party petitioner. Appeal from order (same court and Judge), dated October l3, 2011, dismissed, without costs, as academic.

Tenant's motion to vacate the final judgment issued in landlord's favor pursuant to the parties' so-ordered settlement stipulation should have been denied. Petitioner was authorized to continue the nonpayment proceeding even after the transfer of its ownership interest during the pendency of the case (see CPLR 1018; Udell v Hass, 20 NY2d 862 [1967]; Buywise Holding, LLC v Harris, 31 AD3d 681 [2006], and any delay in seeking substitution of the new owner as petitioner did not affect the continued progress of the proceeding (see Bova v Vinciguerra, 139 AD2d 797 [1988]). We find no basis in the record to deny the cross motion to substitute the new owner as petitioner, since it succeeded to all rights that petitioner acquired under the final judgment (see Real Property Law § 223).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 30, 2013