Cey Realty Assoc., LLC v Pettway

[*1] Cey Realty Assoc., LLC v Pettway 2015 NY Slip Op 51766(U) Decided on December 4, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 4, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
15-365/366

Cey Realty Associates, LLC Petitioner-Landlord-Respondent, -

against

Marquesa Pettway, Respondent-Tenant-Appellant, -and- "John Doe," and "Jane Doe," Respondents-Undertenants.

Tenant appeals from (1) an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated December 1, 2014, which denied her motion for summary judgment dismissing the petition in a nonpayment summary proceeding, and (2) an order of the same court (Peter M. Wendt, J.), dated February 20, 2015, which granted landlord's motion for summary judgment of possession.

Per Curiam.

Orders (Arlene H. Hahn, J.) dated December 1, 2014, and (Peter M. Wendt, J.), dated February 20, 2015, affirmed, with one bill of $10 costs. Execution of the warrant of eviction is permanently stayed.

We sustain the grant of landlord's motion for summary judgment of possession. Although tenant's discharge in bankruptcy absolves her from personal liability for the January 2012 to January 2013 rent arrears here at issue, landlord is nonetheless entitled to seek tenant's eviction based upon this nonpayment of rent (see Dulac v Dabrowski, 4 AD3d 308, 309 [2004]). In opposition, tenant failed to raise any triable issue of fact.

However, inasmuch as tenant subsequently tendered, and landlord accepted without any reservation, the full amount of the discharged rent arrears, we have permanently stayed execution of the warrant of eviction in order to avoid a forfeiture of the long-term tenancy (see RPAPL 753[4]; RVR Realty, LLC v Azcona, NYLJ, May 19, 1999, at 26, col 1 [App Term, 1st Dept] ["[t]he fact that arrears may have been discharged in bankruptcy did not preclude tenant from electing to disregard the discharge and pay the arrears"]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 04, 2015