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Tieman Holding Corp v. Joel Solomon

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 7, 2010

TIEMAN HOLDING CORP.,
PETITIONER-LANDLORD-RESPONDENT,
v.
JOEL SOLOMON, RESPONDENT-TENANT-APPELLANT.

Per curiam.

Tieman Holding Corp. v Solomon

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 7, 2010

PRESENT: Hunter, Jr., J.P., McKeon, Shulman, JJ

Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered on or about July 20, 2009, which conditionally stayed execution of the warrant of eviction on tenant's ability to pay rent arrears.

Order (David J. Kaplan, J.), entered on or about July 20, 2009, affirmed, without costs.

Civil Court providently exercised its discretion in conditioning a stay of the execution of the warrant of eviction on tenant's payment of rent arrears. No further relief in tenant's favor was warranted, since tenant failed to comply with the payment terms of the "so-ordered" stipulation settling this non-payment summary proceeding, as well as multiple court orders extending the payment deadlines. We note that, on the record before us, tenant's difficulty in obtaining funds did not constitute "good cause" to vacate the warrant of eviction (see generally Harvey 1390 LLC v Bodenheim, ___ Misc 3d ___, 2010 NY Slip Op 20378 [App Term, 1st Dept, 2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur

Decision Date: December 07, 2010

20101207

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