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1911 Albemarle Holding, LLC v. Frances St. Fort

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


February 8, 2013

1911 ALBEMARLE HOLDING, LLC,
APPELLANT,
v.
FRANCES ST. FORT,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, J.), entered September 19, 2011.

1911 Albemarle Holding, LLC v Frances St. Fort

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2013

PRESENT: PESCE, P.J., RIOS and SOLOMON, JJ

The order, insofar as appealed from, granted tenant's motion, in effect, to stay the execution of the warrant.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In the circumstances presented in this nonpayment proceeding, it was within the discretion of the Civil Court to grant tenant's motion, in effect, to stay the execution of the warrant in order to preserve this rent-stabilized tenancy (see Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012]; 2246 Holding Corp. v Nolasco, 52 AD3d 377 [2008]). Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Rios and Solomon, JJ., concur. Decision Date: February 08, 2013

20130208

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