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Mansfield Owners, Inc. v Phillip
2016 NY Slip Op 50148(U) [50 Misc 3d 139(A)]
Decided on February 5, 2016
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 5, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2015-124 K C

Mansfield Owners, Inc., Appellant,

against

Anne Phillip and KIANA BRIDGEMAN, Respondents, -and- NICCI also Known as NICOLE GOLDSON also Known as NICOLE GOLDEN, Undertenant.


Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Jean T. Schneider, J.), entered December 9, 2014. The final judgment, after a nonjury trial, dismissed the petition in a holdover summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this illegal-sublet holdover proceeding, we agree with the Civil Court's determination that the parties' extensive settlement negotiations, including the acceptance by landlord of a sublet application and cashier's checks tendered by tenants, served to extend the cure period through the commencement of the proceeding (see Zuckerman v 33072 Owners Corp., 97 AD2d 736 [1983]). As it was landlord's burden to prove that tenants had failed to cure the alleged lease violation within the cure period as extended (Hudson Assoc. v Benoit, 226 AD2d 196 [1996]), and as landlord failed to meet this burden, the final judgment is affirmed.

Pesce, P.J., Weston and Aliotta, JJ., concur.


Decision Date: February 05, 2016