Sherwood Complex, LLC v Dunn

[*1] Sherwood Complex, LLC v Dunn 2009 NY Slip Op 51497(U) [24 Misc 3d 136(A)] Decided on July 9, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 9, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-958 Q C.

The Sherwood Complex, LLC as Successor in Interest to CENTRAL QUEENS PROP. ASSOC., Appellant,

against

Lisa Dunn, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Bruce Marc Kramer, J.), dated November 14, 2007. The order conditionally granted tenant's motion to be restored to possession.

Order reversed without costs and tenant's motion to be restored to possession denied.

Tenant was evicted after she defaulted under the terms of a stipulation, and moved to be restored to possession. In our view, tenant has shown no proper basis for the relief sought (603-607 Realty Assoc. v Gachelin, 2003 NY Slip Op 51105[U] [App Term, 2d & 11th Jud Dists 2003]; Kontorouhas v Fells, NYLJ, July 23, 2001 [App Term, 2d & 11th Jud Dists]; Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d & 11th Jud Dists 1974]). We note that tenant's default was not de minimis, inadvertent or promptly cured (cf. Winthrop Realty LLC v Menal, 21 Misc 3d 141[A], 2008 NY Slip Op 52383[U] [App Term, 2d & 11th Jud Dists 2008]; Raridge Properties v Haner, NYLJ, Aug. 16, 1991 [App Term, 2d & 11th Jud Dists]), and that the fact that tenant was finally able to pay the arrears due does not constitute an adequate basis for restoring her to possession (Davern Realty Corp., 161 Misc 2d 550; see also 32-05 Newton Ave. Assoc. v Hailazopoulos, 168 Misc 2d 125, 127 [App Term, 2d & 11th Jud Dists 1996]). Accordingly, the order is reversed and tenant's motion is denied.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: July 09, 2009