745 Homesteaders Hous. Dev. Corp. v Sanchez

[*1] 745 Homesteaders Hous. Dev. Corp. v Sanchez 2007 NY Slip Op 50255(U) [14 Misc 3d 137(A)] Decided on February 16, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 16, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570424/06.

745 Homesteaders Housing Development Corp., Petitioner-Landlord-Respondent,

against

Gregory Sanchez, Respondent-Tenant-Appellant,

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Maria Milin, J.), dated July 14, 2006, which denied his motion to vacate a final judgment and warrant of eviction in a holdover summary proceeding.

Per Curiam:

Order (Maria Milin, J.), dated July 14, 2006, affirmed, with $10 costs.

Civil Court appropriately exercised its discretion in denying tenant relief from his repeated defaults in tendering payment pursuant to the unambiguous terms of the "so-ordered" settlement stipulation and subsequent court orders. "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" (Mill Rock Plaza Associates v Lively, 224 AD2d 301 [1996]).

This constitutes the decision and order of the Court.
Decision Date: February 16, 2007