Stevenson Commons Assoc., LP v Bishop

[*1] Stevenson Commons Assoc., LP v Bishop 2010 NY Slip Op 50289(U) [26 Misc 3d 140(A)] Decided on February 25, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570280/09.

Stevenson Commons Associates, LP, Petitioner-Landlord-Respondent,

against

Samaad S. Bishop, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Louis J. Villella, J.), dated January 29, 2009, which denied his motion to be restored to possession in a nonpayment summary proceeding.

Per Curiam.

Order (Louis J. Villella, J.), dated January 29, 2009, affirmed, without costs.

The parties, through counsel, entered into a so-ordered stipulation expressly acknowledging the legality of tenant's prior eviction in the underlying nonpayment summary proceeding, and conditioning the stay of reletting of the apartment premises upon tenant's payment of acknowledged arrears, a condition which tenant failed to satisfy. In this posture, Civil Court properly denied tenant's restoral motion. We have considered and rejected tenant's remaining argument (see generally Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]; Waterside Plaza, LLC v Smith, 12 AD3d 231, 236 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 25, 2010