Court Reasonably Refused to Give Tenant Postjudgment Cure Period

Landlord sued to evict rent-stabilized tenant, claiming that tenant refused landlord access to inspect and perform repairs that tenant claimed were needed in the apartment. Landlord showed that, in a prior eviction proceeding, a court had held tenant in contempt for failing to give access. The court ruled for landlord after trial in the new case. Tenant appealed and lost. Tenant argued that the trial court failed to give her a 10-day period to cure after trial. But the trial court found that tenant intentionally and repeatedly refused to grant landlord access to the apartment to make repairs. This behavior had continued over the course of several years, where tenant failed to comply with a court order and stipulations. So, the court reasonably refused to grant a postjudgment cure period.

311 Lincoln Place Investor, LLC v. Woldmarian: 56 Misc.3d 139(A), 2017 NY Slip Op. 51085(U) (App. T. 2 Dept.; Elliot, JP, Pesce, Solomon, JJ)