Legal Opinion
Davern Realty Corp. v. Vaughn
Appellate Terms of the Supreme Court of New York
Decided May 26, 1994PublishedCited by 8 opinions
1Opinion of the Court
*551OPINION OF THE COURT
Memorandum.
Order unanimously reversed without costs and motion denied.
In this nonpayment proceeding, the court restored an evicted tenant to possession based on a finding that tenant’s difficulties in obtaining payments from the Department of Social Services constituted a showing of good cause for relieving tenant of her defaults under a stipulation. The court relied for authority upon dicta in Lindsay Park Houses v Greer (128 Misc 2d 775, 776-777) to the effect that a warrant may be vacated for good cause shown even after the warrant has been executed.
In our view, the…
2Cases cited3 opinions
- Iltit Associates v. SternerAppellate Division of the Supreme Court of the State of New York · 1978
- Third City Corp. v. LeeAppellate Division of the Supreme Court of the State of New York · 1973
- Lindsay Park Houses v. GreerCivil Court of the City of New York · 1985
3Cited by8 opinions
- 467 42nd Street, Inc. v. DeckerAppellate Terms of the Supreme Court of New York · 2000
- Zara Realty Holding Corp. v. EspinalCivil Court of the City of New York · 1994
- 32-05 Newton Avenue Associates v. HailazopoulosAppellate Terms of the Supreme Court of New York · 1996
- 125 Ct. St., LLC v. NicholsonAppellate Terms of the Supreme Court of New York · 2019
- 275-277 Realty, LLC v. Lawrence-HarrisAppellate Terms of the Supreme Court of New York · 2019
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