Appeal by landlord from an order of the Civil Court, Queens County (A. Katz, J.), dated February 27, 2002, conditionally restoring tenant to possession.

Order unanimously affirmed with $10 costs.

We affirm the order conditionally restoring to possession this long term tenant with significant medical problems who has made substantial efforts to pay on the ground that, subsequent to the issuance of the warrant, tenant executed a renewal lease and returned it to landlord together with the increased security deposit demanded by landlord, which deposit landlord accepted and did not return. (We note that tenant's brief on appeal asserts, and landlord, which submitted a reply brief, does not deny, that landlord has also insisted that tenant pay, albeit into an escrow account, use and occupancy pending appeal at the increased rate set forth in the renewal lease and not at the rate fixed by the Housing Court, and that tenant has paid use and occupancy at the increased rate.) Landlord's ratification of the renewal lease subsequent to the issuance of the warrant vitiated its right to evict pursuant to the final judgment (see Surf 21 Assocs. v Ramos, NYLJ, Mar. 18, 2003 [App Term, 2d & 11th Jud Dists] and cases cited therein; River Rd. Assocs. v Orenstein, NYLJ, Dec. 14, 1992 [App Term, 9th & 10th Jud Dists]; Ambassador Realty Co. v Wachtel, 139 Misc 2d 965 [1988]; but see Habitat II Co. v Soffer, NYLJ, June 26, 2000 [App Term, 1st Dept]; Kibel v Davan Enter., NYLJ, Oct. 31, 1991 [App Term, 1st Dept]).
Decision Date: March 03, 2004