133 REALTY 2010 LLC v. FITZPATRICK (2018)

Supreme Court, Appellate Term, New York,

133 REALTY 2010 LLC, Petitioner–Landlord–Appellant, v. Patrick FITZPATRICK, Respondent–Tenant–Respondent.

570650 /17

Decided: April 17, 2018

PRESENT: Ling–Cohan, J.P., Cooper, Edmead, JJ.

Order (Laurie L. Lau, J.), dated August 4, 2017, insofar as appealed from, affirmed, with $10 costs.

We find no abuse of discretion in the grant of the disabled tenant's motion to permanently stay execution of the warrant of eviction upon proof that he effected a cure by signing the renewal lease, albeit with a minor delay (see 72A Realty Assoc., L.P. v. Mercado, 36 Misc 3d 137[A], 2012 NY Slip Op 51380[U] [App Term, 1st Dept 2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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