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This opinion is uncorrected and will not be published in the printed Official Reports.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