1720 Unico, Inc. v Fournier

[*1] 1720 Unico, Inc. v Fournier 2013 NY Slip Op 51397(U) Decided on August 23, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 23, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Schoenfeld, Shulman, JJ
570316/13.

1720 Unico, Inc., Petitioner-Landlord-Appellant,

against

Elba Fournier, Respondent-Tenant-Respondent, "John Doe", "Jane Doe" and Josephine Vicente, Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Andrew Lehrer, J.), dated July 5, 2012, which, after a hearing, conditionally stayed execution of the warrant of eviction in a holdover summary proceeding.

Per Curiam.

Order (Andrew Lehrer, J.), dated July 5, 2012, affirmed, with $10 costs, for the reasons stated by Andrew Lehrer, J. at Civil Court.

The record demonstrates that the court considered and balanced the relevant factors set forth in 321-330 E. 35th St. Assoc. v Sofizade, 191 Misc 2d 329 (2002), and reasonably concluded that tenant's current financial condition warranted the conditional, postjudgment relief granted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: August 23, 2013