Judge Marc Finkelstein


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A notice of default predicated this holdover proceeding. It was alleged tenant violated a substantial obligation of her lease by harboring four pitbulls at the premises without landlord’s consent. Petitioner was awarded a default judgment and warrant of eviction after inquest. Tenant sought vacatur, which was denied, but the warrant was stayed to permit her 10 days to cure. Tenant promptly cured by removing the specified pitbulls, but received a marshal’s notice after expiration of the cure period—petitioner stated tenant had another dog in her unit. Tenant removed the last dog from the premises but was served with a five day rent demand followed by petitioner commencing a nonpayment proceeding. The court noted as the nonpayment suit was not brought during the pendency of the holdover action, it did not vitiate the holdover proceeding. Yet, while the holdover was not vitiated by petitioner’s commencement of the nonpayment proceeding, facts mitigated in favor of the court exercising its discretion to avoid tenant’s eviction. It noted she promptly cured and petitioner suffered no prejudice, but tenant would suffer substantial detriment if evicted from her long term rent stabilized tenancy. Thus, tenant’s motion was granted and execution of the warrant was permanently stayed.