Third Lenox Terrace Assoc. v Johnson
Decided on February 16, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Torres, Hunter, Jr., JJ
Third Lenox Terrace Associates, Petitioner-Landlord-Appellant,
Glenda Philip Johnson and Tyrone Johnson Respondents-Tenants-Respondents.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Ruben A. Martino, J.), dated September 2, 2010, which granted tenants' motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.
Order (Ruben A. Martino, J.), dated September 2, 2010, reversed, without costs, and tenants' motion denied. Execution of the warrant shall be stayed for 30 days from service of a copy of this order with notice of entry.
Tenants repeatedly failed to comply with the unambiguous payment terms of no fewer than three so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. "Strict enforcement of the parties' stipulation . . . is warranted based upon the principle that parties to a civil dispute are free to chart their own litigation course" (Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 ). "The forbearance initially shown by landlord in enforcing the strict letter of the payment provisions agreed upon by the parties did not confer upon tenant[s] a license to ignore [their] rent responsibilities with impunity or to make continuous delinquency a litigation strategy" (NKP Reality, LLC v Jennings, 16 Misc 3d 119, 120 ). Given tenants' extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a stay of execution of the warrant of eviction was unwarranted (see Henry Hudson Gardens LLC v Bareda, 25 AD3d 466 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: February 16, 2012