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Bushwick Properties, LLC v. Jeanette Wright

December 23, 2011

BUSHWICK PROPERTIES, LLC,
RESPONDENT,
v.
JEANETTE WRIGHT, APPELLANT,
-AND-
"JOHN DOE" AND "JANE DOE",
UNDERTENANTS.



Appeal from an order of the Civil Court of the City of New York, Kings County (George Michael Heymann, J.), entered September 16, 2010.

Bushwick Props., LLC v Wright

Decided on December 23, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

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

The order denied tenant's motion to stay the execution of a warrant.

ORDERED that the order is reversed, without costs, and tenant's motion to stay the execution of the warrant is granted to the extent of staying the execution of the warrant for 60 days from the date of this decision and order to permit payment of all outstanding arrears.

In this chronic-nonpayment holdover proceeding, the parties entered into a so-ordered stipulation of settlement whereby tenant agreed to, among other things, pay a specified sum. Upon breach of the stipulation, landlord was entitled to have a final judgment entered. Subsequently, landlord was awarded a final judgment of possession and the monetary sum of $6,256.30. Thereafter, the parties entered into a second so-ordered stipulation, dated May 21, 2010, wherein landlord agreed to extend the time for tenant to pay post-judgment arrears to June 30, 2010 and to give tenant an additional 20 days to cure and pay the judgment amount of $6,256.30. While it is undisputed that tenant was unable to comply with this payment schedule, the record demonstrates that, following the execution of the stipulation, tenant applied to several organizations for the arrears and, albeit belatedly, received a commitment letter for the full amount of the arrears. In view of all the circumstances, including tenant's diligence in seeking assistance during the time period at issue, the long-term nature of the tenancy and the particular terms of the stipulation, we reverse the Civil Court's order denying tenant's motion to stay the execution of the warrant, and grant the motion to the extent noted above (see 2246 Holding Corp. v Nolasco, 52 AD3d 377 [2008]).

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

Weston, J., dissents in a separate memorandum.

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

PRESENT PESCE, P.J., WESTON and STEINHARDT, JJ. BUSHWICK PROPERTIES, LLC, Respondent, -against- DECIDED JEANETTE WRIGHT, Appellant, -and- ...


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