Harrison Hills 55 LLC v Mulligan

[*1] Harrison Hills 55 LLC v Mulligan 2016 NY Slip Op 50684(U) Decided on May 3, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 3, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
571126/15

Harrison Hills 55 LLC, Petitioner-Landlord-Respondent,

against

Valerie Mulligan, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Kevin C. McClanahan, J.), dated October 6, 2015, after a hearing, which denied her motion to vacate the final judgment of possession and stay execution of the warrant of eviction in a holdover summary proceeding.

Per Curiam.

Order (Kevin C. McClanahan, J.), dated October 6, 2015, modified to permanently stay execution of the warrant of eviction; as modified, order affirmed, without costs.

Since the record established beyond factual dispute that tenant failed to timely remove her dog within the time set forth in the so-ordered stipulation settling the underlying nuisance holdover proceeding, and, indeed, failed to comply with the removal deadline extension provided in a subsequent (one-year later) court order, Civil Court providently exercised its discretion in denying tenant any relief from the possessory judgment. However, in light of the fact that tenant effected a cure by removing the dog, albeit belatedly, due, in part, to her son's serious health conditions, which resulted in a liver transplant and partial leg amputation, we exercise our discretion and permanently stay execution of the warrant of eviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 03, 2016