Harrison Hills 55 LLC v. Mulligan

Appellate Terms of the Supreme Court of New York

Harrison Hills 55 LLC v. Mulligan

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 3, 2016

Docket2016 NYSlipOp 50684(U)

StatusPublished

This text of Harrison Hills 55 LLC v. Mulligan (Harrison Hills 55 LLC v. Mulligan) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrison Hills 55 LLC v. Mulligan, (N.Y. Ct. App. 2016).

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Opinion

Harrison Hills 55 LLC, Petitioner-Landlord-Respondent,

against

Valerie Mulligan, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Kevin C. McClanahan, J.), dated October 6, 2015, after a hearing, which denied her motion to vacate the final judgment of possession and stay execution of the warrant of eviction in a holdover summary proceeding.

Per Curiam.

Order (Kevin C. McClanahan, J.), dated October 6, 2015, modified to permanently stay execution of the warrant of eviction; as modified, order affirmed, without costs.

Since the record established beyond factual dispute that tenant failed to timely remove her dog within the time set forth in the so-ordered stipulation settling the underlying nuisance holdover proceeding, and, indeed, failed to comply with the removal deadline extension provided in a subsequent (one-year later) court order, Civil Court providently exercised its discretion in denying tenant any relief from the possessory judgment. However, in light of the fact that tenant effected a cure by removing the dog, albeit belatedly, due, in part, to her son's serious health conditions, which resulted in a liver transplant and partial leg amputation, we exercise our discretion and permanently stay execution of the warrant of eviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 03, 2016

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Harrison Hills 55 LLC, Petitioner-Landlord-Respondent,

against

Valerie Mulligan, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Kevin C. McClanahan, J.), dated October 6, 2015, after a hearing, which denied her motion to vacate the final judgment of possession and stay execution of the warrant of eviction in a holdover summary proceeding.

Per Curiam.

Order (Kevin C. McClanahan, J.), dated October 6, 2015, modified to permanently stay execution of the warrant of eviction; as modified, order affirmed, without costs.

Since the record established beyond factual dispute that tenant failed to timely remove her dog within the time set forth in the so-ordered stipulation settling the underlying nuisance holdover proceeding, and, indeed, failed to comply with the removal deadline extension provided in a subsequent (one-year later) court order, Civil Court providently exercised its discretion in denying tenant any relief from the possessory judgment. However, in light of the fact that tenant effected a cure by removing the dog, albeit belatedly, due, in part, to her son's serious health conditions, which resulted in a liver transplant and partial leg amputation, we exercise our discretion and permanently stay execution of the warrant of eviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 03, 2016

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Harrison Hills 55 LLC v. Mulligan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-hills-55-llc-v-mulligan-nyappterm-2016.