APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
April 28, 2011
117 WEST 142, LLC,
YVETTE MATTHEWS RESPONDENT-TENANT-RESPONDENT.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated March 15, 2010, which granted tenant's motion to stay execution of a warrant of eviction issued in a nonpayment summary proceeding.
117 W. 142, LLC v Matthews
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 28, 2011
PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ
Order (Arlene H. Hahn, J.), dated March 15, 2010, affirmed, without costs.
Measuring the tenant's brief lapse in payment against "the harsh result which would obtain upon literal enforcement of the default provision" in the stipulation settling the underlying nonpayment summary proceeding (see Sherman Nagle Realty Corp. v Felipe, 15 Misc 3d 136[A], 2007 NY Slip Op 50808[U], quoting Bank of NY v Forlini, 220 AD2d 377, 378 ), we sustain Civil Court's discretionary determination to relieve tenant from her payment default so as to avoid forfeiture of the long-term stabilized tenancy. Notably, tenant timely tendered the full amount due under the stipulation prior to the third and final installment date agreed upon by the parties, and her isolated default in tendering the second installment payment was not shown to have caused landlord any discernible prejudice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 28, 2011
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