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POMEROY CO. v. THOMPSON

5 Misc.3d 51 (2004)

784 N.Y.S.2d 278

POMEROY COMPANY, Appellant, v. MATTIE THOMPSON, Respondent.

Supreme Court, Appellate Term, First Department.

October 1, 2004.

Attorney(s) appearing for the Case

Rose & Rose, New York City (Kenneth E. Rosen of counsel), for appellant.

Legal Aid Society, New York City (David W. Weschler and Jaya K. Madhavan of counsel), for respondent.

McCOOE, J.P., DAVIS and GANGEL-JACOB, JJ.

OPINION OF THE COURT

Per Curiam.

Order entered on or about August 9, 2002 affirmed, without costs.

The Civil Court may, in appropriate circumstances, vacate a warrant of eviction and restore a tenant to possession even after execution of the warrant of eviction (see Matter of Brusco v Braun, 84 N.Y.2d 674, 682 [1994]; 102-116 Eighth Ave. Assoc. v Oyola, 299 A.D.2d 296<...

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