Three In One Equities LLC v Santos

[*1] Three In One Equities LLC v Santos 2014 NY Slip Op 50847(U) Decided on May 30, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 30, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan,JJ.
570242/13

Three In One Equities LLC, Petitioner-Landlord-Appellant, -

against

Esperanza Santos, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated March 12, 2013, which conditionally granted tenant's motion to be restored to possession of the subject premises upon payment to landlord of $9,630.42 by a specified date.

Per Curiam.

Order (Brenda S. Spears, J.), dated March 12, 2013, affirmed, without costs.

Under the particular facts and circumstances of record in this nonpayment summary proceeding, and since it appears that the stabilized tenant filed her restoral motion within hours of her eviction, Civil Court appropriately exercised its discretion and for good cause vacated the warrant of eviction so as to restore the tenant to possession upon her payment of all outstanding arrears, eviction costs, and attorney's fees (see 102-116 Eighth Ave. Assoc., L.P. v Oyola, 299 AD2d 296 [2002]; Parkchester Apts. Co. v Scott, 271 AD2d 273 [2001]; see also Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012]). We note that the abbreviated record now before us — omitting the respective submissions filed by the parties on tenant's preeviction applications for relief — inhibits effective review of the good cause issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: May 30, 2014