| Sammy Group LLC v Evans |
| 2014 NY Slip Op 51753(U) [45 Misc 3d 135(A)] |
| Decided on December 15, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated July 3, 2014, which granted landlord's motion to restore the proceeding to the calendar.
Per Curiam.
Order (David J. Kaplan, J.), dated July 3, 2014, affirmed, with $10 costs.
This holdover eviction proceeding, founded upon allegations that tenant made unauthorized alterations to her rent stabilized apartment, was marked off calendar on consent in December 2012 pending completion of discovery. The two-attorney stipulation memorializing the parties' mark-off agreement set forth no specific time limitation for the case's restoration. The petitioner-landlord's restoral motion, made roughly 16 months later, after the parties had engaged in considerable discovery, was properly granted in view of landlord's showing of a potentially meritorious claim, the absence of any discernible prejudice to tenant, and the fact that the case was marked off calendar in open-ended fashion and through no fault of landlord (see 184 W. 10th Corp. v Westcott, 20 Misc 3d 24 [2008]; Berger E. Corp. v Grigg, 6 Misc 3d 76 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.