Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

421 W 22 LLC & 421 W 22b LLC v. Otto Walberg

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


February 15, 2011

421 W 22 LLC & 421 W 22B LLC, PETITIONER-LANDLORD-
v.
OTTO WALBERG,
RESPONDENT-TENANT-APPELLANT.

Per curiam.

421 W. 22 LLC & 421 W. 22B LLC v Walberg

Decided on February 15, 2011

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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 15, 2011

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ

Tenant appeals from (1) an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated June 23, 2010, which denied his motion to stay the execution of the warrant of eviction in a holdover summary proceeding, and (2) an order (same court and Judge), dated October 6, 2010, which denied his motion to reargue and renew the aforesaid order.

Order (Brenda S. Spears, J.), dated June 23, 2010, reversed, without costs, and tenant's motion to stay the execution of the warrant of eviction granted. Appeal from order (same Judge), dated October 6, 2010, to the extent appealable, dismissed, without costs, as moot.

In light of the particular facts and circumstances underlying this appeal, including tenant's [FN1] apparent confusion regarding how he should make a payment under the subject stipulation when a payment deadline falls on a weekend, good cause existed to afford tenant a stay of the execution of the warrant of eviction (see generally Bromley Co. LLC v Rachman-Coakley, 24 Misc 3d 144[A], 2009 NY Slip Op 51787[U] [2009]; cf. Chelsea 19 Assoc. v James, 21 Misc 3d 129[A], 2008 NY Slip Op 52013[U] [2008], affd 67 AD3d 601 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: February 15, 2011 Footnotes Footnote 1:Tenant, who entered into possession of the subject apartment in 1977, appeared pro se in the action, and was unrepresented until he sought reargument and renewal of the June 23, 2010 order denying his motion to stay the execution of the warrant.

20110215

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.