Esplanade Gardens, Inc. LLC v Slade

[*1] Esplanade Gardens, Inc. LLC v Slade 2007 NY Slip Op 51046(U) [15 Misc 3d 140(A)] Decided on May 23, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 23, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Davis, JJ
570285/06.

Esplanade Gardens, Inc. LLC Petitioner-Landlord-Respondent,

against

Carrie Slade, Respondent-Tenant-Appellant Edward Slade, Respondent-Tenant.

Tenant Carrie Slade appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated May 3, 2006, which denied her motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Laurie L. Lau, J.), dated May 3, 2006, affirmed, without costs.

In the absence of "good cause shown" (RPAPL 749[3]), and in view of the tenant's acknowledged inability to timely tender the substantial rent arrears embodied in the January 19, 2006 consent judgment ("rent exceeds small
pay"; "money ran out"), the court did not abuse its discretion in denying tenant's motion to stay execution of the warrant of eviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: May 23, 2007