1466 Gunhill Rd. Corp. v. Andrew, 2004 NY Slip Op 50626(U) (NY 6/1/2004)

• Decision Date: 01 June 2004
• Docket Number: 570637/03.
• Citation: 2004 NY Slip Op 50626(U)
• Parties: 1466 GUNHILL ROAD CORP., Petitioner-Respondent, v. MIRIAM ANDREW & MARCIA REID, Respondents-Appellants.
• Court: New York Court of Appeals Court of Appeals

Page 1

2004 NY Slip Op 50626(U)

1466 GUNHILL ROAD CORP., Petitioner-Respondent, v. MIRIAM ANDREW & MARCIA REID, Respondents-Appellants.

570637/03.

Appellate Term of the Supreme Court of New York, First Department.

Decided June 1, 2004.

Respondents Miriam Andrew and Marcia Reid appeal from an order of the Civil Court, Bronx County, dated July 9, 2003 (Arlene Hahn, J.), on reargument and renewal, denying their motion to vacate a judgment and warrant of eviction issued on or about October 18, 2002.

Order dated July 9, 2003 (Arlene Hahn, J.) reversed, with $10 costs, and the judgment and warrant of eviction vacated.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

We favorably exercise our discretion and grant appellants relief from the payment default under the so-ordered stipulation of settlement (see, Malvin v. Schwartz, 65 AD2d 769 [1978], aff'd, 48 NY2d 693 [1979]). The stipulation of December 12, 2002 promised appellant Marcia Reed a lease if arrears were paid and "Jiggetts" relief obtained by December 31, 2002 (Jiggetts v. Grinker, 139 Misc 2d 476 [1988], rev'd 148 AD2d 1 [1989], rev'd 75 NY2d 411 [1990]). The Jiggetts application was approved by the Department of Social Services (DSS) in January 2003, and landlord accepted the DSS checks before serving a notice of eviction in June 2003.

The circumstances do not warrant forfeiture of the opportunity for a legal tenancy because of minor agency delays (see, Bank of NY v. Forlini, 220 AD2d 377, 378 [1995]). It does not appear that the default was wilful, and DSS ultimately approved the application for assistance and paid the arrears.

This constitutes the decision and order of the court.