164 03 LLC v. ALSAMET 89 (2021)

Supreme Court, Appellate Term, New York,

164-03, LLC, Appellant, v. Sharef Saleh Ali ALSAMET and Four Star Deli, Inc., Doing Business as 89 Deli and Grocery Stores 2 and 3 and Basement Space therein (Second & Third Stores from Corner of 164th Street), Respondents, et al., Undertenants.

2019-1075 Q C

Decided: July 09, 2021

PRESENT: MICHELLE WESTON, J.P., DAVID ELLIOT, BERNICE D. SIEGAL, JJ.

Curtis Harger, for appellant. Sharef Saleh Ali Alsamet and Four Star Deli, Inc., respondent pro se.

ORDERED that the order is affirmed, without costs.

The parties settled this commercial nonpayment proceeding by agreeing to a certain payment schedule, that time was of the essence in making the payments, and that, if tenants failed to timely make the payments, upon service of a three-day notice of default, landlord could serve an eviction notice upon tenants. Tenants were evicted following an alleged default under the terms of the stipulation, and then moved, by order to show cause, to be restored to possession, claiming that they had made all payments under the stipulation. Landlord appeals from an order of the Civil Court which granted tenants' motion.

Upon a review of the record, we find that the Civil Court acted well within its discretion in granting tenants' motion to be restored to possession, as they demonstrated that they had substantially complied with the stipulation (see Boston Rd. Brooklyn, L.P. v Steptoe, 58 Misc 3d 133[A], 2017 NY Slip Op 51782[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]; 135 Amersfort Assoc., LLC v Jones, 48 Misc 3d 142[A], 2015 NY Slip Op 51250[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). Landlord's argument that the Civil Court was without discretion to decide the motion is without merit.

Accordingly, the order is affirmed.

WESTON, J.P., and ELLIOT, J., concur. SIEGAL, J., taking no part.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network