Gerard Ct. Assoc., LLC v Hamer

[*1] Gerard Ct. Assoc., LLC v Hamer 2016 NY Slip Op 50087(U) Decided on January 27, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 27, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570796/15

Gerard Court Associates, LLC, Petitioner-Landlord- -

against

Amril Hamer, Respondent-Tenant-Appellant.

Tenant appeals from (1) two orders of the Civil Court of the City of New York, Bronx County (Javier E. Vargas, J.), dated, respectively, March 30, 2015 and April 21, 2015, which denied tenant's motions, in effect, to vacate the final judgment or to stay execution of the warrant of eviction in a holdover summary proceeding, and (2) those portions of an order (same court and Judge), dated July 21, 2015, which denied tenant's motion to renew the aforesaid orders, or, alternatively, for leave to file an answer.

Per Curiam.

Order (Javier E. Vargas, J.), dated July 21, 2015, modified to grant tenant's motion to renew, and, upon renewal, to grant tenant's motion to stay execution of the warrant of eviction; as modified, order affirmed, without costs. Appeal from orders (Javier E. Vargas, J.), dated, respectively, March 30, 2015 and April 21, 2015, dismissed, without costs, as academic.

In the particular circumstances of this case, including the absence from the governing settlement stipulations of a "time of the essence" provision or other similar language, tenant's demonstration of an approval by the Department of Social Services for the full amount of the arrears, and the section 421-a affordable housing program here involved, we favorably exercise our discretion to grant tenant relief from her payment default (see 2246 Holding Corp. v Nolasco, 52 AD3d 377 [2008]; see also Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012]).

We have considered tenant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 27, 2016