Grady Inc. v Johnson

[*1] Grady Inc. v Johnson 2009 NY Slip Op 50866(U) [23 Misc 3d 137(A)] Decided on May 6, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 6, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570498/08.

Grady Inc., Petitioner-Landlord-Respondent,

against

Theresa Johnson, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Joseph Capella, J.), entered March 6, 2008, which denied her motion to stay execution of the warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.

Per Curiam.
Order (Joseph Capella, J.), entered March 6, 2008,
affirmed, without costs.

Tenant offered no valid excuse for her failures to comply with the unambiguous payment terms of the so-ordered stipulation settling this chronic rent delinquency holdover proceeding. Given tenant's extensive history of rent defaults, which continued into the probationary term agreed to by the parties, a further stay of execution of the warrant was properly denied (see Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 06, 2009