Nagle 112, LLC v Miqui

[*1] Nagle 112, LLC v Miqui 2015 NY Slip Op 50245(U) Decided on March 2, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
15-034

Nagle 112, LLC, Petitioner-Landlord-Appellant,

against

Pedro Miqui, as surviving distributee of the Estate of Altagracia Miqui, Respondent-Tenant-Respondent, -and- "John Doe" and "Jane Doe." Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated June 14, 2013, which conditionally granted tenant's motion to be restored to possession upon payment to landlord of $3,696.72 by a specified date.

Per Curiam.

Order (Brenda S. Spears, J.), dated June 14, 2013, affirmed, without costs.

Under the particular facts and circumstances of record in this nonpayment proceeding, we find no abuse of discretion in the grant of post-eviction relief to tenant upon his payment in 10 days' time of the full rent arrears, eviction costs and attorney's fees then due landlord (see 102-116 Eighth Ave. Assoc., L.P. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts. Co. v Scott, 271 AD2d 273 [2000]; see also Harvey 1390 LLC v Bodenheim, 96 AD2d 664 [2012]), a condition which tenant timely satisfied. Good cause sufficient to warrant the conditional stay of reletting issued below (and ultimately tenant's restoral to possession) was provided by several factors, most notably the tenant's tender of a substantial portion of the arrears on the return date of the application giving rise to the order under review, the relatively modest amount of the payment default satisfied in accordance with the order, and the long-term duration of the tenant's rent controlled tenancy.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: March 02, 2015