SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
May 6, 2013
RAMOU HOME CORP., LLC, RESPONDENT,
JUDY MARKSMAN, APPELLANT, -AND- "JOHN DOE" AND "JANE DOE," UNDERTENANTS.
Appeal from an order of the Civil Court of the City of New York, Kings County (Gary Franklin Marton, J.), dated January 20, 2012.
Ramou Home Corp., LLC v Marksman
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 6, 2013
PRESENT: ALIOTTA, J.P., PESCE and RIOS, JJ
The order denied tenant's motion, in effect, to stay the execution of a warrant.
ORDERED the order is reversed, without costs, and tenant's motion, in effect, to stay the execution of the warrant is granted.
In the circumstances presented in this chronic-nonpayment holdover proceeding, including that tenant is a long-term resident of the subject rent-stabilized apartment and that she showed the Civil Court an approval by the Department of Social Services for the full amount of the arrears, the court improvidently exercised its discretion in denying tenant's motion, in effect, to stay the execution of the warrant (see 2246 Holding Corp. v Nolasco, 52 AD3d 377 ).
Aliotta, J.P., Pesce and Rios, JJ., concur. Decision Date: May 06, 2013
© 1992-2013 VersusLaw Inc.