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141 AVENUE A ASSOCIATES LLC, pet-land-app v. JAY KLEIN, res-tent-res

15-316. 141 AVENUE A ASSOCIATES LLC, pet-land-app v. JAY KLEIN, res-tent-res — Order (Phyllis K. Saxe, J.), dated June 22, 2015, reversed, without costs, tenant's motion to stay execution of the warrant of eviction denied, landlord's cross motion granted, the portion of the order which sua sponte changed the payment due dates is vacated, and the matter remanded to Civil Court for a hearing to determine the amount of rent/use and occupancy and the reasonable value of attorneys' fees due landlord. Execution of the warrant shall be stayed for 30 days from service of a copy of this order with notice of entry.

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15-316. 141 AVENUE A ASSOCIATES LLC, pet-land-app v. JAY KLEIN, res-tent-res — Order (Phyllis K. Saxe, J.), dated June 22, 2015, reversed, without costs, tenant’s motion to stay execution of the warrant of eviction denied, landlord’s cross motion granted, the portion of the order which sua sponte changed the payment due dates is vacated, and the matter remanded to Civil Court for a hearing to determine the amount of rent/use and occupancy and the reasonable value of attorneys’ fees due landlord. Execution of the warrant shall be stayed for 30 days from service of a copy of this order with notice of entry.

Pursuant to the terms of the January 2015 so-ordered stipulation settling this chronic rent delinquency holdover proceeding, tenant agreed, inter alia, to a two-year probationary period, during which rent had to be paid on the fifth of each month, and that “time is of the essence as to all payment dates.” Upon tenant’s failure to timely tender the June 2015 rent, he moved by order to show cause dated June 11, 2015, to stay execution of the warrant, claiming that he sent money orders for the June 2015 rent by regular mail on May 17, 2015. No proof of any money orders or mailing was attached to tenant’s motion papers. The motion court granted tenant’s application, referencing certain money orders not contained in the record, and further directed that future rent payments be made by the “tenth of the month until the probationary stipulation is satisfied.” Landlord appeals and we now reverse.

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