| Central Ave. Partners, LLC v Li Quin Huan Chen |
| 2018 NY Slip Op 50046(U) [58 Misc 3d 148(A)] |
| Decided on January 12, 2018 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Law Offices of Scott D. Gross (Matthew N. Kaufman, Esq.), for appellant. Brooklyn Legal Services (Udoka Odoemene, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Leslie A. Stroth, J.), dated July 8, 2016. The order denied landlord's motion to restore the proceeding to the calendar for a hearing to determine whether tenant had breached a probationary stipulation in a holdover summary proceeding.
ORDERED that the order is affirmed, without costs.
In this holdover proceeding to recover possession of a rent-stabilized apartment, the notice of termination alleges that tenant unreasonably refused access to correct violations in the premises and that those conditions caused a fire hazard. The parties entered into two stipulations of settlement, providing, among other things, that the proceeding may be restored to the calendar for a hearing in the event of an alleged default under the terms of the stipulations. Landlord moved for restoration, alleging that tenant had violated the terms of the agreements. The Civil Court denied the motion, finding that landlord's affidavits and photographs did not demonstrate that tenant had defaulted.
Upon a review of the record, we find that there is ample support for the Civil Court's determination that landlord failed to demonstrate that tenant had defaulted under the terms of the stipulations. Consequently, the Civil Court did not improvidently exercise its discretion in denying landlord's motion.
Accordingly, the order is affirmed.
ELLIOT, J.P., PESCE and ALIOTTA, JJ., concur.