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102-116 EIGHTH AVENUE ASSOCIATES v. OYOLA

299 A.D.2d 296 (2002)

749 N.Y.S.2d 724

102-116 EIGHTH AVENUE ASSOCIATES, L.P., Appellant, v. VIRGILIO OYOLA, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 26, 2002.

Under the particular facts and circumstances of record in this summary nonpayment proceeding, Civil Court properly exercised its discretion and for good cause vacated the warrant of eviction so as to restore respondent to possession of the subject premises (see Parkchester Apts. Co. v Scott, 271 A.D.2d 273; Parkchester Apts. Co. v Heim, 158 Misc.2d 982, 983-984).

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