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IN THE MATTER OF DAYTON TOWERS CORP. v. GETHERS

24 A.D.3d 663 (2005)

807 N.Y.S.2d 126

In the Matter of DAYTON TOWERS CORP., Appellant, v. DEVONA GETHERS, Respondent.

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

December 19, 2005.

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, and the order dated April 19, 2004, is reinstated.

The Appellate Term improvidently exercised its discretion in restoring the respondent to possession of the subject premises based upon the petitioner's alleged promise that the respondent's tenancy would be preserved if she paid it the sum of $5,000. There is no...

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