Four Thirty Realty, LLC v Lieberman
Decided on August 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ
Four Thirty Realty, LLC Petitioner-Landlord-Appellant,
Frank Lieberman, Respondent-Tenant-Respondent.
Landlord appeals from an order of the Civil Court of the City of New York, New York
County (Jean T. Schneider, J.), dated May 1, 2007, which granted tenant's motion to vacate the
warrant of eviction in a nonpayment summary proceeding.
Order (Jean T. Schneider, J.), dated May 1, 2007, affirmed, without costs.
While there was delay in the resolution of the underlying nonpayment summary proceeding, the court (which had charge of the case since its inception) properly exercised its discretion and for good cause shown vacated the warrant of eviction upon the long-term stabilized tenant's tender of the full judgment amount. "The policies underlying the rent stabilization laws are generally better served by holding out to a tenant the opportunity usually afforded in a nonpayment proceeding to cure the breach of his rent obligations" (2246 Holding Corp. v Nolasco, AD3d , 2008 NY Slip Op 5569 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 22, 2008