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Itc Bargain, Inc v. Madeleine Ngoundou

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


March 2, 2011

ITC BARGAIN, INC.,
RESPONDENT,
v.
MADELEINE NGOUNDOU,
APPELLANT,
-AND-
MADUE HAIR SALON AND MADUE HAIR BRAIDING, TENANTS.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), dated March 5, 2010.

ITC Bargain, Inc. v Ngoundou

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 2, 2011

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

The order denied a motion by tenant Madeleine Ngoundou to be restored to possession.

ORDERED that the order is affirmed, without costs.

In this nonpayment proceeding, the parties entered into a so-ordered stipulation, dated June 10, 2009, pursuant to which landlord was awarded a final judgment of possession and the sum of $15,370. The stipulation provided that the warrant of eviction would be stayed conditioned on tenants' compliance with a payment schedule; otherwise, landlord could execute on the warrant. The warrant was executed after tenants failed to comply with the payment schedule. Thereafter, tenant Madeleine Ngoundou (appellant) moved to be restored to possession, and she now appeals from the denial of that motion.

Inasmuch as appellant showed no proper basis to be restored to possession, the Civil Court properly denied her motion (see Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d & 11th Jud Dists 1994]; see also 32-05 Newton Ave. Assoc. v Hailazopoulos, 168 Misc 2d 125 [App Term, 2d & 11th Jud Dists 1996]). Accordingly, the order is affirmed.

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

Decision Date: March 02, 2011

20110302

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