HARVEY 1390 LLC v. BODENHEIM

570356/10.

29 Misc.3d 77 (2010)

912 N.Y.S.2d 369

HARVEY 1390 LLC et al., Appellants, v. MATTHEW BODENHEIM et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided September 17, 2010.


Attorney(s) appearing for the Case

Belkin Burden Wenig Goldman, LLP, New York City, for appellants.

Matthew Bodenheim , respondent pro se.

John Cassarino , respondent pro se.

McKEON, P.J., SHULMAN and HUNTER, JR., JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order, dated March 9, 2010, reversed, without costs, and tenants' motion denied. Execution of the warrant of eviction shall be stayed for 60 days after service of a copy of this order, with notice of entry.

While Civil Court may, in appropriate circumstances, relieve a tenant from a default in payment under a stipulation settling a nonpayment summary proceeding (see 102-116 Eighth Ave. Assoc. v Oyola, ...

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