Lowerre Place Assn. v Banks

[*1] Lowerre Place Assn. v Banks 2008 NY Slip Op 50250(U) [18 Misc 3d 136(A)] Decided on February 14, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Davis, J.P., Schoenfeld, Heitler, J.J.
570230/07

Lowerre Place Association, Petitioner-Landlord-

against

Kenneth Banks # Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Deighton S. Waithe, J.), dated March 21, 2007, which denied his motion to vacate a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.

PER CURIAM:

Order (Deighton S. Waithe, J.), dated March 21, 2007, affirmed, without costs.

Civil Court did not abuse its discretion in denying tenant relief from his default in tendering rent due pursuant to the unambiguous, "time of the essence," payment terms of the parties' settlement stipulation. "Strict enforcement of the parties' stipulation ... is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course" (Mill Rock Plaza Assocs. v Lively, 224 AD2d 301 [1996]), particularly where, as here, the rent delinquencies underlying the landlord's holdover petition continued into the probationary period agreed to by tenant upon advice of counsel. The court was warranted in rejecting tenant's unsubstantiated claim that his January 2007 payment default occurred as a result of bank error.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 14, 2008