Mansfield Owners, Inc. v. Anne Phillip and Kiana Bridgeman
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th & 13th JUDICIAL DISTRICTS
PRESENT : PESCE, P.J., WESTON and ALIOTTA, JJ.
MANSFIELD OWNERS, INC.,
ANNE PHILLIP and KIANA BRIDGEMAN
NICCI also Known as
also Known as NICOLE GOLDEN,
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Jean T. Schneider, J.), entered December 9, 2014. The final judgment, after a nonjury trial, dismissed the petition in a holdover summary proceeding.
ORDERED that the final judgment is affirmed, without costs.
In this illegal-sublet holdover proceeding, we agree with the Civil Court’s determination that the parties’ extensive settlement negotiations, including the acceptance by landlord of a sublet application and cashier’s checks tendered by tenants, served to extend the cure period through the commencement of the proceeding (see Zuckerman v 33072 Owners Corp., 97 AD2d 736 ). As it was landlord’s burder to prove that tenants had failed to cure the alleged lease violation within the cure period as extended (Hudson Assoc. v Benoit, 226 AD2d 196 ), and as landlord failed to meet this burden, the final judgment is affirmed.
Pesce, P.J., Weston and Aliotta, JJ., concur.