Sammy Group LLC v Evans

[*1] Sammy Group LLC v Evans 2014 NY Slip Op 51753(U) Decided on December 15, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
570780/14

Sammy Group LLC, Petitioner-Landlord-Respondent,

against

Carlotta Evans, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated July 3, 2014, which granted landlord's motion to restore the proceeding to the calendar.

Per Curiam.

Order (David J. Kaplan, J.), dated July 3, 2014, affirmed, with $10 costs.

This holdover eviction proceeding, founded upon allegations that tenant made unauthorized alterations to her rent stabilized apartment, was marked off calendar on consent in December 2012 pending completion of discovery. The two-attorney stipulation memorializing the parties' mark-off agreement set forth no specific time limitation for the case's restoration. The petitioner-landlord's restoral motion, made roughly 16 months later, after the parties had engaged in considerable discovery, was properly granted in view of landlord's showing of a potentially meritorious claim, the absence of any discernible prejudice to tenant, and the fact that the case was marked off calendar in open-ended fashion and through no fault of landlord (see 184 W. 10th Corp. v Westcott, 20 Misc 3d 24 [2008]; Berger E. Corp. v Grigg, 6 Misc 3d 76 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: December 15, 2014