Blackstone v. Hess

2002 N.Y. Slip Op. 50281(U) (App. Term 1st Dept. 6/3/02)

We represented: Respondent-Tenant-Appellant

Lucindo Suarez, P.J., Phyllis Gangel-Jacob, Martin Schoenfeld, JJ.

DECISION and ORDER Tenant appeals from an order of the Civil Court of the City of New York, Bronx County, dated November 14, 2001 (Anthony J. Fiorella, Jr., J.) denying her motion to vacate a default final judgment and warrant of eviction issued in a nonpayment summary proceeding and for restoral to possession.

PER CURIAM:

Order dated November 14, 2001 (Anthony J. Fiorella, Jr., J.) reversed, without costs, and tenant's motion to vacate the default final judgment and warrant of eviction and for restoration to the premises is granted.

The elderly tenant, while on vacation in Florida, was evicted from the stabilized apartment she occupied for 35 years based on a single rent default. In the circumstances, and considering the modest amount ($572.69) of the isolated payment default here involved and the unintended nature of tenant's non-appearance, the tenant's unopposed motion for vacatur relief and for restoration to her apartment should have been granted (see, Solack Estates Inc. v. Goodman, 78 AD2d 512, 513).

This constitutes the decision and order of the court.