| BJB Realty Corp. v Holloway |
| 2005 NY Slip Op 52085(U) [10 Misc 3d 133(A)] |
| Decided on December 12, 2005 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Ulysses B. Leverett, J.), dated March 25, 2004. The order conditionally restored tenant to possession.
Order unanimously affirmed without costs.
In view of all the circumstances presented, including the delays in tenant's approval for the Jiggetts program, the erroneous pre-eviction issuance by the New York City Human Resources Administration of checks in an insufficient amount to satisfy the final judgment, and the 30-year duration of the tenancy, the court below did not abuse its discretion in excusing the default under the stipulation and conditionally restoring tenant to possession (see Pennsylvania Leasing Co. v Urena, App Term, 2d & 11th Jud Dists, Nov. 1, 2004, No. 2004-1447; Raridge Props. v Haner, NYLJ, Aug. 16, 1991 [App Term, 2d & 11th Jud Dists]). We note that landlord was made whole by the court's conditioning restoration upon tenant's payment of the marshal fees, legal fees and moving costs (576 Realty Corp. v Sneed, 6 Misc 3d 127[A], 2004 NY Slip Op 51686[U] [App Term, 2d & 11th Jud Dists]).
Decision Date: December 12, 2005