Seungho Kim v Amankwaa

[*1] Seungho Kim v Amankwaa 2009 NY Slip Op 50285(U) [22 Misc 3d 135(A)] Decided on February 20, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.

Seungho Kim, Petitioner-Landlord-Respondent, 570405/08

against

Kofi O. Amankwaa, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), dated June 17, 2008, which denied his motion to vacate the default final judgment and stay execution of the warrant of eviction and granted landlord's cross motion to re-execute the warrant in a nonpayment summary proceeding.

Per Curiam.

Order (Raul Cruz, J.), dated June 17, 2008, reversed, without costs, landlord's cross motion denied, and tenant's motion granted to the extent of vacating the warrant of eviction.

Under the present circumstances, and in view of the tenant's tender of the full amount of the final judgment issued in this nonpayment summary proceeding, we exercise our discretion and vacate the warrant of eviction so as to avoid a forfeiture of the valuable commercial leasehold. Our examination of the history of the proceeding satisfies us that sufficient "good cause" has been shown to warrant the requested relief (RPAPL § 749[3]); see 102-116 Eighth Ave. Assocs. v Oyola, 299 AD2d 296 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 20, 2009