Eighty First Associates v. Morell

(App. Term 1st Dept. 11/97)

We represented: Tenant-Petitioner-Appellant

Stanley Parness, P.J., William McCooe and Helen Freedman, JJ.

DECISION and ORDER Tenant appeals from an order of the Civil Court, New York County, dated April 15, 1997 (Donna M. Mills, J.) denying his motion to vacate the warrant of eviction, and from an order of the same court dated June 10, 1997 (Donna M. Mills, J.) denying his motion for reargument and/or renewal.

PER CURIAM:

Order dated April 15, 1997 (Donna M. Mills, J.) reversed without costs, and tenant's motion is granted to the extent of permanently staying execution of the warrant in this proceeding.

Appeal from order dated June 10, 1997 (Donna M. Mills, J.) dismissed, without costs, as non-appealable (see Grosso Moving & Packing Co., Inc. v. Damens, 233 AD2d 128).

The record demonstrates that the entire amount of the nonpayment judgment – viz., $42,030.61, was deposited either with the landlord or with the clerk of the Civil Court pending tenant's appeal from the judgment. So far as appears, tenant is current with his use and occupancy payments. In such circumstances, forfeiture of the long-term stabilized tenancy is not warranted and we have favorably exercised our discretion to avoid a forfeiture (Beaux Arts Properties Co. v. Dell, NYLJ, June 4, 1996, at 25, col 1 [App Term, 1st Dept]).

This constitutes the decision and order of the court.