Boston 167 LLC v Smalls

[*1] Boston 167 LLC v Smalls 2009 NY Slip Op 52142(U) [25 Misc 3d 131(A)] Decided on October 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
.

Boston 167 LLC, Petitioner-Landlord-Appellant, 570449/09

against

Ben Smalls, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Eleanora Ofshtein, J.), dated October 6, 2008, which granted tenant's motion to stay execution of the warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.

Per Curiam.
Order (Eleanora Ofshtein, J.), dated October 6, 2008, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed 30 days from the service of a copy of this order with notice of entry.

Tenant 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. A further (fourth) stay of execution of the warrant of eviction was unwarranted (see Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]), in view of tenant's extensive history of rent defaults, both prior to and during the pendency of this proceeding. "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 a license to ignore his rent responsibilities with impunity or to make continuous delinquency a litigation strategy" (NKP Realty, LLC v Jennings, 16 Misc 3d 119, 120 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2009