Tricham Hous. Assoc. v Akinduyi

[*1] Tricham Hous. Assoc. v Akinduyi 2013 NY Slip Op 50321(U) Decided on March 6, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 6, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Torres, Hunter, Jr., JJ
11-212.

Tricham Housing Associates, Petitioner-Appellant,

against

Vonder Akinduyi, Respondent-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Ruben A. Martino, J.), dated June 21, 2010, which granted tenant's motion to vacate a warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Ruben A. Martino, J.), dated June 21, 2010, affirmed, without costs.

While there was delay in the resolution of the underlying nonpayment summary proceeding, the court (which had charge of the case since its inception) properly exercised its discretion and for good cause vacated the warrant of eviction upon the long-term tenant's tender of the full judgment amount. "Although enforcement of stipulations of settlement is favored ... a court always retains the power to vacate a warrant of eviction prior to its execution for good cause shown" (Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012][internal citations and quotations omitted]). This was not a situation where a tenant "sit[s] idly by or fail[s] to appear, resulting in entry of judgment by default. Instead, [tenant] ... engaged in good faith efforts to secure emergency rental assistance to cover the arrears and, at the time Civil Court [vacated] the warrant, owed [no rent payments]" (id. at 665).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 06, 2013