199 Apt. Assoc., J.V. v Stafford (2005 NYSlipOp 50962(U))

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199 Apt. Assoc., J.V. v Stafford

2005 NYSlipOp 50962(U)

Decided on June 10, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: June 10, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1110 W C

199 Apartment Associates, J.V., Appellant,

against

Arthur Stafford, Respondent.

Appeal by landlord from a final judgment of the Yonkers City Court, Westchester County (R. Cerrato, J.), entered on October 8, 2003, in favor of tenant dismissing the holdover summary proceeding.

Final judgment unanimously affirmed without costs.

In this holdover summary proceeding, brought on the ground that tenant failed to timely execute and return a renewal lease pursuant to the Emergency Tenant Protection Regulations (9 NYCRR § 2503.5), tenant, who had resided at the premises without prior difficulties for 27 years, promptly returned the executed lease to landlord following service of the notice of termination. Under all the circumstances presented, the court had, and providently exercised, discretion to forgive tenant's relatively minor default in renewing the lease (see 210 Realty Assocs. v O'Connor, 2001 NY Slip Op 40341[U] [App Term, 9th & 10th Jud Dists], affd 302 AD2d 396 [2003]; see also 67 8th Ave Assocs. v Hochstadt, 88 AD2d 843 [1982]; Baja Realty v Karoussos, 120 Misc 2d 824 [App Term, 1st Dept 1983]).
Decision Date: June 10, 2005