214 E. 90th St. Assoc. v Smith

[*1] 214 E. 90th St. Assoc. v Smith 2010 NY Slip Op 50387(U) [26 Misc 3d 143(A)] Decided on March 11, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570426/08.

214 East 90th Street Associates, Petitioner-Landlord-Respondent,

against

Nadja Smith, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered July 20, 2009, which denied her motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.

Per Curiam.

Order (David J. Kaplan, J.), entered July 20, 2009, affirmed, without costs.

Civil Court providently exercised its discretion in denying tenant's application for further relief from her most recent default in tendering rent due pursuant to the unambiguous payment terms of the parties' so-ordered settlement stipulation, which contained a "time is of the essence" payment provision. Notably, tenant's repeated rent delinquencies underlying the landlord's holdover petition continued into the probationary period agreed to by the parties.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 11, 2010