217 E. 88th & 212-234 E. 89th St., LLC v Rinaldi

[*1] 217 E. 88th & 212-234 E. 89th St., LLC v Rinaldi 2015 NY Slip Op 51863(U) Decided on December 22, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, J.P., Ling-Cohan, JJ.
570937/15

217 E. 88th & 212-234 E. 89th St., LLC, Petitioner-Landlord-Respondent,

against

Dianne Rinaldi, Respondent-Tenant-Appellant - and - "John Doe" and "Jane Doe," Respondents-Undertenants.

Tenant appeals from two orders of the Civil Court of the City of New York, New York County (Bernadette G. Black, J.), each dated August 7, 2015, which denied tenant's cross motion to dismiss the petition in a holdover summary proceeding and granted landlord's motion to restore the proceeding to the calendar.

Per Curiam.

Orders (Bernadette G. Black, J.), dated August 7, 2015, affirmed, with one bill of $10 costs.

Giving proper effect to the plain terms of the May 12, 2015 two-attorney, so-ordered stipulation, Civil Court properly granted landlord's timely motion to restore the holdover proceeding to the calendar and denied tenant's cross motion to dismiss. "Unless public policy is affronted, parties to a civil dispute are free to chart their own litigation course" (Mitchell v New York Hosp., 61 NY2d 208, 214 [1984]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 22, 2015