| Remeeder Houses, LP v Perry |
| 2015 NY Slip Op 50081(U) [46 Misc 3d 139(A)] |
| Decided on January 15, 2015 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Gary Franklin Marton, J.), entered January 3, 2013. The order denied tenant's motion to be restored to possession in a nonpayment summary proceeding.
ORDERED that the order is affirmed, without costs.
We agree with the Civil Court that tenant showed no proper basis to be restored to possession in this nonpayment proceeding, as her default under the stipulation was neither de minimis nor promptly cured (Krolewski v Luculescu, 32 Misc 3d 134[A], 2011 NY Slip Op 51149[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; 1215 Realty Assoc., LLC v Thomas, 32 Misc 3d 131[A], 2011 NY Slip Op 51320[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). At the time tenant moved to be restored, she owed at least $10,595, including legal and marshal fees, and while she had an HRA approval for $6,846, she was unable to pay the balance. Tenant's conclusory claim that the stipulated-to amount of arrears was not correct is raised for the first time on appeal and will not be considered.
Accordingly, the order is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.