| 944 Kent, LLC v Padilla |
| 2015 NY Slip Op 51058(U) |
| Decided on July 7, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Maria Milin, J.), dated August 8, 2013. The order conditionally granted tenant's motion to vacate a final judgment entered following a default under a stipulation of settlement in a holdover summary proceeding.
ORDERED that the order is affirmed, without costs.
In this chronic-late-payment holdover proceeding, landlord appeals from an order which conditionally granted tenant's motion to vacate a final judgment entered following a default under a stipulation of settlement.
Upon a review of the record, we find that, under all the circumstances presented, including the 30-year length of the tenancy, the availability of all the arrears and tenant's showing that she was now receiving social security payments which would enable her to timely pay the rent in the future, the Civil Court did not improvidently exercise its discretion in conditionally vacating the default final judgment.
Accordingly, the order is affirmed.
Elliot, J.P., Pesce and Solomon, JJ., concur.