59-61 E. 3rd St., LLC v Campbell

[*1] 59-61 E. 3rd St., LLC v Campbell 2009 NY Slip Op 50781(U) [23 Misc 3d 134(A)] Decided on April 23, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 23, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570063/08

59-61 East 3rd Street, LLC, Petitioner-Landlord-Respondent,

against

Claude Campbell, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered January 9, 2008, which denied his motion to stay execution of the warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.

Per Curiam.

Order (Peter M. Wendt, J.), entered January 9, 2008, affirmed, without costs. Tenant repeatedly failed to comply with the payment terms of the parties' so-ordered stipulations settling this chronic rent delinquency holdover proceeding. "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 Assoc. v Lively, 224 AD2d 301 [1996]). Given tenant's extensive history of defaults, which continued unabated into the probationary term agreed to by the parties, Civil Court providently denied tenant's motion for a further stay of execution of the warrant of eviction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 23, 2009