| Equity LLC v Ottley |
| 2006 NY Slip Op 52374(U) [14 Misc 3d 126(A)] |
| Decided on December 8, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Gary Franklin Marton, J.), entered December 6, 2005. The order granted tenants' motion for restoration to possession conditioned upon their tender of $2,920.
Order affirmed without costs.
In view of the 20-year duration of the tenancy, landlord's failure to make the stipulated repairs, tenants' "significant" payments under the stipulation and their ability to immediately pay the remaining sum due under the judgment, the court below did not improvidently exercise its discretion in excusing tenants' default under the stipulation and restoring them to possession (see BJB Realty Corp. v Holloway, 10 Misc 3d 133[A], 2005 NY Slip Op 52085[U] [App Term, 2d & 11th Jud Dists]; 576 Realty Corp. v Sneed, 6 Misc 3d 127[A], 2004 NY Slip Op 51686[U] [App Term, 2d & 11th Jud Dists]; cf. Aston-Jones Mgt. v Brown, 10 Misc 3d 127[A], 2005 NY Slip Op 51891[U] [App Term, 2d & 11th Jud Dists]; Rhinestone Ventures Assoc. v Vatter, 2002 NY Slip Op 40265[U] [App Term, 2d & 11th Jud Dists]).
Pesce, P.J., Golia and Belen, JJ., concur.