Marsid Realty Co. v Ching Leou Liu

[*1] Marsid Realty Co. v Ching Leou Liu 2014 NY Slip Op 51206(U) Decided on August 11, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 11, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
571073/13

Marsid Realty Co., Petitioner-Landlord-Respondent,

against

Ching Leou Liu, Respondent-Tenant-Appellant, - and - "John Doe" and "Jane Doe," Respondents-Undertenants.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered April 24, 2013, after a nonjury trial, which awarded landlord possession in a holdover summary proceeding.

Per Curiam.

Final judgment (David J. Kaplan, J.), entered April 24, 2013, affirmed, with $25 costs, with issuance of the warrant of eviction permanently stayed on condition that tenant tender, without prejudice to any party, postpetition use and occupancy at the rental rate set forth in the July 24, 2012 renewal lease, within a time to be determined by Civil Court.

In view of the trial court's fully supported finding that tenant failed to timely return the proffered July 24, 2012 renewal lease to landlord (see Rent Stabilization Code [9 NYCRR] § 2524.3[f]), we sustain the possessory judgment issued in landlord's favor (see 921 Fifth Ave. Assoc. v Eisenberg, 191 AD2d 396 [1993], appeal dismissed 82 NY2d 802 [1993]). However, since the trial record shows that the elderly, long-term (45-year) tenant ultimately signed the renewal lease and, indeed, introduced it as a trial exhibit, we permanently stay issuance of the warrant of eviction on the condition stated above so as to preserve the tenant's home of many years (see 72A Realty Assoc., L.P. v Mercado, 36 Misc 3d 137[A], 2012 NY Slip Op 51380[U] [App Term, 1st Dept 2012]; see also Fairbanks Gardens Co. v Gandhi, 168 Misc 2d 128 [1996], affd 244 AD2d 315 [1997]). Tenant's remaining appellate arguments are unpreserved and, in any event, are lacking in merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: August 11, 2014