Leung v Kyu Sushi, Inc. (2007 NY Slip Op 51070(U))
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Leung v Kyu Sushi, Inc.
2007 NY Slip Op 51070(U) [15 Misc 3d 141(A)]
Decided on May 24, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on May 24, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ
2005-341 K C.
Claire W.K. Leung, Appellant,
against
Kyu Sushi, Inc., Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Sidney Goodheartz, J.H.O.), entered February 1, 2005. The order vacated the warrant of eviction.
Order affirmed without costs.
After a default under the terms of a stipulation settling this nonpayment proceeding, tenant applied, on December 23, 2004, for an order to show cause seeking, inter alia, to stay execution of the warrant so that tenant could pay the arrears. The Civil Court refused to sign tenant's order to show cause, but the order to show cause was signed by this court pursuant to CPLR 5704 (b) on condition tenant deposit
the outstanding arrears into court, which tenant did. The order to show cause signed by this court was returnable in the Civil Court on January 11, 2005.