Dima Realty, LLC v NYC Invs.

[*1] Dima Realty, LLC v NYC Invs. 2009 NY Slip Op 50849(U) [23 Misc 3d 136(A)] Decided on May 5, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 5, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570692/08.

Dima Realty, LLC 34 West 28th Street, Petitioner-Landlord-Respondent,

against

NYC Investments, Carolina Griggs, and Jean Pierre King, John Doe and/or Jane Doe, Respondents-Tenants-Appellants.

Tenants appeal from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), dated October 31, 2008, which denied their motion to vacate a stipulated judgment of possession issued in a nonpayment summary proceeding.

Per Curiam.

Order (Barbara Jaffe, J.), dated October 31, 2008, affirmed, with $10 costs.

The commercial tenants offered no valid excuse for their repeated failure to comply with the unambiguous, "time of the essence" payment provisions of the stipulation of settlement to which they assented upon the advice of
counsel. Thus, "good cause for vacating a warrant of eviction (see RPAPL 749[1]), especially one issued pursuant to ... a so-ordered stipulation, was absent as a matter of law" (City of New York v 130/140 Essex St. Dev. Corp., 302 AD2d 292, 294 [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 05, 2009