Judge Michael Weisberg

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In this holdover summary eviction proceeding landlord alleged tenant Roland breached a substantial obligation of her tenancy by chronically failing to pay her rent, requiring it to commence six nonpayment eviction proceedings between 2012 and 2015 against this rent stabilized tenant of over 34 years. The proceeding was settled by stipulation in which landlord was awarded a judgment of possession and issuance of a warrant of eviction that was stayed as long as Roland paid her rent by the 10th of each month from Dec. 2015 through May 2017. The agreement also included “time of the essence” and “no default deemed de minimis” clauses, and Roland sought stays of eviction on several occasions due to her late payments alleging she was injured at work on one occasion and new medication—a chemotherapeutic—also caused her to miss work, thus diminishing her pay checks. The court noted, while it was sympathetic to landlord, it found Roland’s defaults did not arise from a general inability to pay rent, hence, “did not go to the heart of the proceeding and settlement,” but resulted from discrete circumstances, including medical complications for serious health conditions. Thus, it exercised its discretion in excusing Roland’s defaults, further staying execution of the warrant of eviction.