Jones St. Bldg. Assoc. v Moskowitz

[*1] Jones St. Bldg. Assoc. v Moskowitz 2010 NY Slip Op 51920(U) [29 Misc 3d 132(A)] Decided on November 10, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 10, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570415/10.

Jones Street Building Associates, Petitioner-Landlord-Respondent,

against

Roselee Moskowitz, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), dated May 10, 2010, which granted her motion to be restored to possession of the premises in a nonpayment summary proceeding but conditioned restoration upon the payment of $8,348.95 by May 14, 2010.

Per Curiam.

Order (Bruce E. Scheckowitz, J.), dated May 10, 2010, affirmed, without costs.

Tenant failed to comply with the payment schedule set forth in the so-ordered stipulation of settlement resolving this nonpayment summary proceeding and failed to comply with payment deadline extensions provided in subsequent court orders (one specifically denominated as "final"), resulting in tenant's eviction from the subject apartment premises. In this posture, and considering the considerable rental arrears which had amassed and tenant's inability to obtain funds from charitable organizations to satisfy the arrears, Civil Court providently exercised its discretion in denying tenant's motion for restoration relief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur


NOVEMBER 10, 2010
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

September 2010 Term

Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.

Jones Street Building Associates, NY County Clerk's No.
Petitioner-Landlord-Respondent,570415/10 -
against-
Roselee Moskowitz,Calendar No. 10-270
Respondent-Tenant-Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), dated May 10, 2010, which granted her motion to be restored to possession of the premises in a nonpayment summary proceeding but conditioned restoration upon the payment of $8,348.95 by May 14, 2010.
Per Curiam.
Order (Bruce E. Scheckowitz, J.), dated May 10, 2010, affirmed, without costs.
Tenant failed to comply with the payment schedule set forth in the so-ordered stipulation of settlement resolving this nonpayment summary proceeding and failed to comply with payment deadline extensions provided in subsequent court orders (one specifically denominated as "final"), resulting in tenant's eviction from the subject apartment premises. In this posture, and considering the considerable rental arrears which had amassed and tenant's inability to obtain funds from charitable organizations to satisfy the arrears, Civil Court providently exercised its discretion in denying tenant's motion for restoration relief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 10, 2010



Decision Date: November 10, 2010