Opinion
No. 2013–1222 K C.
11-06-2014
2242 CLARENDON REALTY, LLC, Respondent, v. Edith ETIENNE, Appellant.
Opinion
ORDERED that the order is reversed, without costs, and tenant's motion to be restored to possession is granted.
In this nonpayment proceeding, tenant appeals from an order denying her motion to be restored to possession.
Tenant's default under the parties' stipulation in this proceeding was minimal, inadvertent and promptly cured, as tenant secured a commitment for assistance from the New York City Human Resources Administration to pay all of her rental arrears, as well as landlord's legal and marshal fees, within 10 days after the arrears were due under the terms of the stipulation. Moreover, tenant had made substantial payments throughout the proceeding, and the record indicates that tenant will be able to pay the rent going forward. Under all of the circumstances presented, we find that the Civil Court should have granted tenant's motion to be restored to possession (see e.g. 679 Sterling Place Corp. v. Hayes, 29 Misc.3d 134[A], 2010 N.Y. Slip Op 51950[U] [App Term, 2d, 11th & 13th Jud Dists 2010] ; Winthrop Realty, LLC v. Menal, 21 Misc.3d 141 [A], 2008 N.Y. Slip Op 52383[U] [App Term, 2d & 11th Jud Dists 2008] ; Equity LLC v. Ottley, 14 Misc.3d 126[A], 2006 N.Y. Slip Op 52374[U] [App Term, 2d & 11th Jud Dists 2006] ).
Accordingly, the order is reversed and tenant's motion to be restored to possession is granted.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.