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Inc. v. Fournier

Supreme Court of New York, First Department

August 23, 2013

1720 Unico, Inc., Petitioner-Landlord-Appellant,
v.
Elba Fournier, Respondent-Tenant-Respondent, "John Doe", "Jane Doe" and Josephine Vicente, Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Andrew Lehrer, J.), dated July 5, 2012, which, after a hearing, conditionally stayed execution of the warrant of eviction in a holdover summary proceeding.

PRESENT: Hunter, Jr., J.P., Schoenfeld, Shulman, JJ

PER CURIAM.

Order (Andrew Lehrer, J.), dated July 5, 2012, affirmed, with $10 costs, for the reasons stated by Andrew Lehrer, J. at Civil Court.

The record demonstrates that the court considered and balanced the relevant factors set forth in 321-330 E. 35th St. Assoc. v Sofizade, 191 Misc.2d 329 (2002), and reasonably concluded that tenant's current financial condition warranted the conditional, postjudgment relief granted.


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