Legal Opinion

Pomeroy Co. v. Thompson

Appellate Terms of the Supreme Court of New York

Decided October 1, 2004PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order entered on or about August 9, 2002 affirmed, without costs.

The Civil Court may, in appropriate circumstances, vacate a warrant of eviction and restore a tenant to possession even after execution of the warrant of eviction (see Matter of Brusco v Braun, 84 NY2d 674, 682 [1994]; 102-116 Eighth Ave. Assoc. v Oyola, 299 AD2d 296 [2002]). Based upon the extensive hearing evidence presented below, and considering, among other factors, the age and disability of the tenant and the (nearly 50-year) duration of the rent-controlled tenancy, the demonstrated lapses and…

3Cases cited2 opinions

Brusco v. BraunNew York Court of Appeals · 1994
102-116 Eighth Avenue Associates, L.P. v. OyolaAppellate Division of the Supreme Court of the State of New York · 2002

4Cited by4 opinions

46 Downing Street LLC v. ThompsonCivil Court of the City of New York · 2013
Emerald 115 Mosholu, LLC v. SmithAppellate Terms of the Supreme Court of New York · 2017
Thamer Props. Corp. v. NavaAppellate Terms of the Supreme Court of New York · 2018
Tradito v. 815 Yonkers Avenue Series TDS Leasing, LLCAppellate Terms of the Supreme Court of New York · 2010