Appeal from an order of the Civil Court of the City of New York, Queens County (Bruce Marc Kramer, J.), dated November 14, 2007. The order conditionally granted tenant's motion to be restored to possession.

Order reversed without costs and tenant's motion to be restored to possession denied.

Tenant was evicted after she defaulted under the terms of a stipulation, and moved to be restored to possession. In our view, tenant has shown no proper basis for the relief sought (603-607 Realty Assoc. v Gachelin, 2003 NY Slip Op 51105[U] [App Term, 2d & 11th Jud Dists 2003]; Kontorouhas v Fells, NYLJ, July 23, 2001 [App Term, 2d & 11th Jud Dists]; Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d & 11th Jud Dists 1974]). We note that tenant's default was not de minimis, inadvertent or promptly cured (cf. Winthrop Realty LLC v Menal, 21 Misc 3d 141[A], 2008 NY Slip Op 52383[U] [App Term, 2d & 11th Jud Dists 2008]; Raridge Properties v Haner, NYLJ, Aug. 16, 1991 [App Term, 2d & 11th Jud Dists]), and that the fact that tenant was finally able to pay the arrears due does not constitute an adequate basis for restoring her to possession (Davern Realty Corp., 161 Misc 2d 550; see also 32-05 Newton Ave. Assoc. v Hailazopoulos, 168 Misc 2d 125, 127 [App Term, 2d & 11th Jud Dists 1996]). Accordingly, the order is reversed and tenant's motion is denied.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: July 09, 2009