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Eighty Eight Bleecker Co., LLC v. Joseph Einstoss

New York Supreme and/or Appellate Courts Appellate Term, First Department


May 12, 2011

EIGHTY EIGHT BLEECKER CO., LLC,
PETITIONER-LANDLORD-APPELLANT,
v.
JOSEPH EINSTOSS,
RESPONDENT-TENANT-RESPONDENT.

Per curiam.

Eighty Eight Bleecker Co., LLC v Einstoss

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 12, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

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

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated October 19, 2010, which denied its motion to restore a holdover summary proceeding to the calendar.

Order (Brenda S. Spears, J.), dated October 19, 2010, affirmed, without costs.

We sustain the denial of landlord's motion to restore the underlying holdover summary proceeding to the calendar, since the motion was based solely on vague, hearsay allegations that were insufficient to demonstrate that tenant violated the settlement stipulation or to warrant a hearing on the issue (see 75 Bruce, LLC v Diaz, 25 Misc 3d 131[A], 2009 NY Slip Op 52127[U] [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: May 12, 2011

20110512

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