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601 West Realty, LLC v. Carlos Castro

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


September 14, 2011

601 WEST REALTY, LLC,
PETITIONER-LANDLORD-APPELLANT-
v.
CARLOS CASTRO,
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 February 23, 2011.

Per curiam.

601 W. Realty, LLC v Castro 2011 NY Slip Op 51675(U) Decided on September 14, 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 This opinion is uncorrected and will not be published in the printed Official Reports.

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

which conditionally granted tenant's motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.

Order (Arlene H. Hahn, J.), dated February 23, 2011, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed for 60 days from service of a copy of this order, with notice of entry.

Under the particular facts and circumstances of this case, and in view of tenant's repeated failure to comply with the unambiguous payment terms of the December 6, 2010 court order and the parties' ensuing settlement stipulations, the grant of a further stay of execution of the warrant of eviction was unwarranted (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]). On this record, tenant's apparent difficulty in obtaining funds did not constitute "good cause" sufficient to vacate the warrant of eviction (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur Decision

Date: September 14, 2011

20110914

© 1992-2011 VersusLaw Inc.



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