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123 E. 92nd Realty, LLC, Appellant v. Eileen Thomas

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


February 11, 2013

123 E. 92ND REALTY, LLC, APPELLANT, --
v.
EILEEN THOMAS, RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Marc Finkelstein, J.), entered September 8, 2011.

123 E. 92nd Realty, LLC v Thomas

Decided on February 11, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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., RIOS and SOLOMON, JJ

The order granted tenant's motion, in effect, to excuse her default under a stipulation settling a chronic-nonpayment holdover proceeding.

ORDERED that the order is affirmed, without costs.

Contrary to landlord's contention, the Civil Court retained the discretion to excuse this 32-year rent-stabilized tenant's de minimis default under the parties' second stipulation (see Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012]; Sirul Realty Corp. v Silverstein, 35 Misc 3d 129[A], 2012 NY Slip Op 50633[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Bushwick Props., LLC v Wright, 34 Misc 3d 135[A], 2011 NY Slip Op 52389[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; 1215 Realty Assoc., LLC v Thomas, 32 Misc 3d 131[A], 2011 NY Slip Op 51320[U] [App Term, 2d, 11th & 13th Jud Dists 2011]), and the court did not improvidently exercise its discretion in doing so here. Accordingly, the order is affirmed.

Pesce, P.J., Rios and Solomon, JJ., concur.

Decision Date: February 11, 2013

20130211

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