Opinion
No. 570780/14.
12-15-2014
SAMMY GROUP LLC, Petitioner–Landlord–Respondent, v. Carlotta EVANS, Respondent–Tenant–Appellant.
Opinion
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 concur.