Robrose Place LLC v Bell

[*1] Robrose Place LLC v Bell 2005 NY Slip Op 50338(U) Decided on March 17, 2005 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 17, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570229/04

Robrose Place LLC, Petitioner-Landlord-Appellant,

against

Donna Bell, Respondent-Tenant-Respondent, "John Doe" And/or "Jane Doe", Respondents-Undertenants.

Landlord, as limited by its briefs, appeals from that portion of two "companion" orders of the Civil Court, New York County, each dated July 24, 2003 (Ernest J. Cavallo, J.) which, in effect, conditionally granted tenant's motion to compel landlord to accept her tender of rent due under a stipulation settling the underlying holdover summary proceeding.

PER CURIAM:

Orders dated July 24, 2003 (Ernest J. Cavallo, J.) affirmed, without costs.

The tenant's delay in tendering the rent payments due under the terms of the so-ordered stipulation settling the underlying holdover proceeding — brought to enforce a "no pet" lease provision — was attributable in part to the parties' failed buyout negotiations and was not shown to have caused any prejudice to landlord. In these circumstances, it was not an abuse of discretion for Civil Court to excuse tenant's rent default upon appropriate conditions pursuant to [*2]its continuing supervision over the stipulation's enforcement (see Malvin v Schwartz, 65 AD2d 769 [1978], affd 48 NY2d 693 [1979]).

This constitutes the decision and order of the court.
Decision Date: March 17, 2005