6465 Realty Co. v Tsugiyama

[*1] 6465 Realty Co. v Tsugiyama 2015 NY Slip Op 50581(U) Decided on April 23, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 23, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.
570185/15

The 6465 Realty Co., Petitioner-Landlord-Appellant, -

against

Motokazu Tsugiyama, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jack Stoller, J.), dated November 6, 2014, which conditionally granted tenant's motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Jack Stoller, J.), dated November 6, 2014, affirmed, without costs.

Under the particular facts and circumstances of record in this summary nonpayment proceeding, we find no abuse of discretion in the grant of tenant's motion to conditionally stay execution of the warrant on the condition that he pay $97 by a date certain (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 AD3d 664 [2012]). Good cause sufficient to warrant the requested relief was provided by several factors, most notably the tenant's tender of a substantial portion ($18,350.78) of the arrears on the return date of the application giving rise to the order under review, the brief period of delay, and the long-term (38-year) rent stabilized tenancy at issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 23, 2015