4966 Broadway Realty Corp. v De La Rosa
[*1]
4966 Broadway Realty Corp. v De La Rosa
2006 NY Slip Op 50090(U) [10 Misc 3d 143(A)]
Decided on January 26, 2006
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 26, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570894/05.
4966 Broadway Realty Corp., Petitioner-Landlord-Appellant,
against
Cira De La Rosa, Respondent-Tenant-Respondent.
Landlord appeals from an order of the Civil Court, New York County (Michelle D. Schreiber, J.), entered March 7, 2005, which granted tenant's motion to stay execution of a warrant in a holdover summary proceeding based upon chronic nonpayment of rent.
PER CURIAM:
Order (Michelle D. Schreiber, J.), entered March 7, 2005, reversed, without costs, tenant's motion denied and the stay vacated.
Tenant consistently failed to comply with the payment terms of the parties' so-ordered stipulation settling the second of two chronic rent delinquency holdover proceedings commenced by landlord. Strict enforcement of the parties' stipulation is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course (see Mill Rock Plaza Associates v. Lively, 224 AD2d 301 [1996]). Given tenant's extensive history of defaults over the course of a decade, a further stay of execution of the warrant of eviction was unwarranted. We note tenant's acknowledgment below that timely payment of future rent, in accordance with the terms of the parties' most recent probationary stipulation, would be "impossible."
This constitutes the decision and order of the court.
Decision Date: January 26, 2006
