CENTRAL AVENUE PARTNERS LLC v. LI QUIN HUAN CHEN (2018)

ORDERED that the order is affirmed, without costs.

In this holdover proceeding to recover possession of a rent-stabilized apartment, the notice of termination alleges that tenant unreasonably refused access to correct violations in the premises and that those conditions caused a fire hazard. The parties entered into two stipulations of settlement, providing, among other things, that the proceeding may be restored to the calendar for a hearing in the event of an alleged default under the terms of the stipulations. Landlord moved for restoration, alleging that tenant had violated the terms of the agreements. The Civil Court denied the motion, finding that landlord's affidavits and photographs did not demonstrate that tenant had defaulted.

Upon a review of the record, we find that there is ample support for the Civil Court's determination that landlord failed to demonstrate that tenant had defaulted under the terms of the stipulations. Consequently, the Civil Court did not improvidently exercise its discretion in denying landlord's motion.

Accordingly, the order is affirmed.

ELLIOT, J.P., PESCE and ALIOTTA, JJ., concur.