Tenants Can't Appeal Conditions Imposed on Hearing Adjournment in Nuisance Case

Landlord, a co-op corporation, sued to evict shareholder tenant for violating provisions of their proprietary lease and house rules that prohibited unreasonable noise. Following a trial, a judgment of possession for landlord was entered in June 2019, along with $9,700 in maintenance arrears. The court also granted a stay of execution on the warrant until June 30, 2020, as long as tenants paid the arrears, respected the quiet hours of the building, and refrained from disrupting other tenants' enjoyment of the premises.  In August 2019, landlord sought permission to execute the warrant of eviction, claiming tenants had violated the terms of the stay. The court set the matter down for a compliance hearing, which was adjourned several times. The court adjourned the hearing to Feb. 16, 2023, on condition that tenants abide by restrictions on piano playing and grant landlord access to their unit. Tenants appealed, arguing that the court shouldn't have imposed these conditions. The appeals court ruled against tenants, finding that the conditions set on the hearing adjournment were appealed as of right. 

Sanford Equities Corp. v. Cushing: Index No. 2023-110, 2024 NY Slip Op 50200(U)(App. T. 2 Dept.; 2/9/24; Buggs, JP, Mundy, Hom, JJ)