Opinion
2016–2090 K C
01-12-2018
1800 ALBERMARLE, INC., Appellant, v. Jeffrey PYLE, Respondent, et al., Undertenants.
Law Offices of Scott D. Gross (Matthew N. Kaufman, Esq.), for appellant. The Legal Aid Society (Diana Li, Esq.), for respondent.
Law Offices of Scott D. Gross (Matthew N. Kaufman, Esq.), for appellant.
The Legal Aid Society (Diana Li, Esq.), for respondent.
PRESENT: DAVID ELLIOT, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ.
ORDERED that the order is affirmed, without costs.
In this holdover proceeding based on a claim that the long-term, rent-stabilized tenant had violated a substantial obligation of the tenancy by being chronically delinquent in the payment of rent, the parties executed a stipulation of settlement pursuant to which tenant was required to pay the rental arrears as well as make timely future payments. The stipulation provided that, upon three or more defaults, the landlord could move for the entry of a final judgment. Landlord appeals from an order denying its motion, pursuant to the stipulation, for the entry of a final judgment of possession.
The record demonstrates that tenant diligently sought and received funds from a public agency to pay the arrears; that, notwithstanding several minor defaults by tenant under the stipulation, there was substantial compliance with the terms of the stipulation regarding the timely payment of rent; that tenant secured a roommate and a second job to help defray living expenses; that tenant had lived in the apartment for 15 years; and that tenant's elderly and disabled parent lives in the household. Under all the circumstances presented, we find that the Civil Court did not improvidently exercise its discretion in denying landlord's motion for the entry of a final judgment of possession (see Harvey v Bodenheim , 96 AD3d 664 [2012] ; 2246 Holding Corp. v Nolasco , 52 AD3d 377 [2008] ; see also 944 Kent, LLC v Padilla , 48 Misc 3d 132[A], 2015 NY Slip Op 51058[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ).
Accordingly, the order is affirmed.
ELLIOT, J.P., PESCE and ALIOTTA, JJ.