Flats v Emmanuel

[*1] Flats v Emmanuel 2007 NY Slip Op 52457(U) [18 Misc 3d 129(A)] Decided on December 27, 2007 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-2097 K C.

Beekman Flats, Respondent,

against

Orji Ifem Emmanuel, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Oymin Chin, J.), dated December 12, 2006. The order denied tenant's motion in effect to reinstate a stipulation.

Order reversed without costs and stipulation reinstated. All funds deposited into the court below are directed to be released to landlord.

Upon a motion before this court, landlord consented to the reinstatement of the stipulation on condition the funds on deposit be released to it.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: December 27, 2007