New York University v. Arnold

OPINION OF THE COURT

Paul L. Klein, J.

On its prima facie case, petitioner succeeded in showing that respondent’s conduct makes him an undesirable tenant and. justifies eviction, absent effective rebuttal on respondent’s case. There was no such rebuttal.

I turn now to the question of a stay, under RPAPL 753 or other provision of law.1 Section 753 provides for a stay of (up to) six months if certain criteria are met (subd 1), but not where the respondent’s conduct has been found "objectionable” (subd 3). There is no question that Mr. Arnold meets the *1041criteria for the mercy of a stay;2 there is,…