569 Holding, LLC v Ventura

[*1] 569 Holding, LLC v Ventura 2013 NY Slip Op 50638(U) Decided on April 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 18, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres JJ
570909/12.

569 Holding, LLC, Petitioner-Landlord-

against

Martha Ventura, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated June 28, 2012, which denied her motion to stay execution of a warrant of eviction in a holdover summary proceeding.

Per Curiam.

Appeal from order (Laurie L. Lau, J.), dated June 28, 2012, deemed, pursuant to CPLR 5517(b), to be taken from the subsequent order (same court and Judge), dated August 24, 2012, which, upon reargument, adhered to the original determination, and so considered, order reversed, without costs, and tenant's motion to stay execution of the warrant of eviction is granted.

Tenant's brief delay in complying with the payment terms of Civil Court's April 20, 2012 order was readily excusable, where the record shows that the order was not mailed by the court until April 25 nor received by tenant's attorney until April 26, a Thursday, just one day prior to the payment deadline specified in the order, and where tenant tendered the monies due under the order — together with the next month's rent — on the following Monday, April 30. Further, tenant was not shown or found by the court to have materially breached any of the 2012 payment terms of the parties' April 27, 2010 settlement stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 18, 2013