| 81 Bowery Realty Corp. v Yong Li Chen |
| 2013 NY Slip Op 50226(U) [38 Misc 3d 141(A)] |
| Decided on February 6, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Petitioner appeals from an order of the Civil Court of the City of New York, New
York County (Sabrina B. Kraus, J.), entered on or about March 12, 2012, after a hearing,
which granted the motion of respondent Ben Jin Zhu to be restored to possession in a
nonpayment summary proceeding.
Per Curiam.
Order (Sabrina B. Kraus, J.), entered on or about March 12, 2012, affirmed, with $10 costs, for the reasons stated in the bench decision of Sabrina B. Kraus, J. at Civil Court.
In affirming the restoration order, we note the absence of any challenge by petitioner-landlord on appeal to the court's express finding that it failed to properly effectuate service of the underlying nonpayment petition. Further, the court's finding that petitioner was properly served with respondent's restoral application finds ample record support. In any event, any alleged infirmities in the manner of service of respondent's show cause order would not, on this record and given petitioner's actual notice of the application and active participation in the hearing below, warrant denial of respondent's meritorious request for relief (see Matter of Caro v Jones, 41 AD2d 829 [1973]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 06, 2013