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195 St, LLC v. Beverly Jones

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


December 23, 2010

195 ST, LLC,
APPELLANT,
v.
BEVERLY JONES, RESPONDENT,
AND "JOHN DOE" AND "JANE DOE",
UNDERTENANTS.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), dated November 16, 2009. The order conditionally granted tenant's motion to be restored to possession.

195 St, LLC v Jones

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 23, 2010

PRESENT; GOLIA, J.P., PESCE and STEINHARDT, JJ

ORDERED that the order is reversed, without costs, and tenant's motion to be restored to possession is denied.

Tenant was evicted after she had defaulted under the terms of a stipulation, and moved to be restored to possession. As tenant's default was not de minimis, inadvertent and promptly cured, tenant has shown no proper basis for the relief sought (see Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d & 11th Jud Dists 1994]; see also Sherwood Complex, LLC v Dunn, 24 Misc 3d 136[A], 2009 NY Slip Op 51497[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; 603-607 Realty Assoc. v Gachelin, 2003 NY Slip Op 51105[U] [App Term, 2d & 11th Jud Dists 2003]).

Accordingly, the order is reversed and tenant's motion is denied.

Golia, J.P., Pesce and Steinhardt, JJ., concur.

Decision Date: December 23, 2010

20101223

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