129th St. Cluster Assoc. v Levy

[*1] 129th St. Cluster Assoc. v Levy 2015 NY Slip Op 51509(U) Decided on October 16, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 16, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570301/15

129th Street Cluster Associates, Petitioner-Landlord-Appellant, -

against

Teresa Levy, Respondent-Tenant-Respondent.

Landlord, as limited by its brief, appeals from so much of a final judgment of the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.), entered on or about March 29, 2014, after a nonjury trial, which, in awarding possession to landlord in a holdover summary proceeding, conditionally stayed execution of the warrant of eviction through February 28, 2016.

Per Curiam.

Appeal from final judgment (Timmie Erin Elsner, J.), entered on or about March 29, 2014, is held in abeyance and the matter is remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).

Pursuant to CPLR 4213(b), a trial court "should set forth those ultimate or essential facts relied upon in reaching its decision." Here, the court, following a trial on claims that tenant breached a substantial obligation of her tenancy and committed a nuisance, failed to comply with the mandate of CPLR 4213(b) when it rendered a terse decision that "left unaddressed and unresolved" (Weckstein v Breitbart, 111 AD2d 6, 8 [1985]), the nuisance claim, other than its equivocal statement that tenant's conduct "arguably constitutes a nuisance." In addition, the court's unelaborated statement that tenant's conduct was "curable" was devoid of any evidentiary facts the court relied upon in reaching this conclusion, and in any event, was premature in the absence of any adjudication of the nuisance claim. In the circumstances, we hold the appeal in abeyance and remand the matter for issuance of a decision which shall state the essential facts, as required by CPLR 4213(b) (see For the People Theatres of NY Inc. v City of New York, 84 AD3d 48, 60 [2011]). We reach no other issue at this juncture.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 16, 2015