576 Realty Corp. v Sneed

[*1] 576 Realty Corp. v Sneed 2004 NY Slip Op 51686(U) Decided on December 22, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
2003-1779 K C

576 REALTY CORP., Appellant,

against

PEGGY SNEED, Respondent.

Appeal by landlord from an order of the Civil Court, Kings County (O. Chin, J.), dated November 24, 2003, restoring tenant to possession.

Order unanimously affirmed without costs.

In view of its finding that tenant had the requisite funds in her possession prior to the payment date fixed in the October 7, 2003 order and failed to tender them because of a misunderstanding of the order, the Housing Court did not abuse its discretion in conditionally excusing tenant's de minimis and inadvertent default under the terms of the order (see Raridge Props. v Haner, NYLJ, Aug.16, 1991 [App Term, 2d & 11th Jud [*2]
Dists]). We note that tenant has resided in the apartment for 20 years and that landlord was made whole by the court's requirement that tenant pay marshal and legal fees in addition to bringing the arrears up to date.
Decision Date: December 22, 2004