474 West 150th Street Realty Corp. v. Lewis

OPINION OF THE COURT

Richard F. Braun, J.

This is a summary holdover proceeding based on the alleged illegal sublet of residential premises. This proceeding was commenced in 1993. On June 2, 1994, this proceeding was marked off the Trial Calendar. Petitioner moved on August 8, 1995 for an order finding respondent in default of a stipulation, dated April 21, 1994; directing entry of a money judgment; and restoring this proceeding to the Trial Calendar.

The motion to restore was not timely pursuant to the rules of the Civil Court. The rules under 22 NYCRR part 208 are applicable to proceedings in…