Beaux Arts II, LLC v Oyoue

[*1] Beaux Arts II, LLC v Oyoue 2010 NY Slip Op 50257(U) [26 Misc 3d 139(A)] Decided on February 24, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
.

Beaux Arts II, LLC, Petitioner-Landlord-Respondent,570576/09

against

Catherine Oyoue, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), entered August 10, 2009, which denied her motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Gary F. Marton, J.), entered August 10, 2009, affirmed, without costs.

Pursuant to the so-ordered stipulation settling this nonpayment summary proceeding, landlord was awarded a judgment of possession and a recovery of rent arrears in the amount of $3,199.17. The stipulation provided for the warrant of eviction to issue "forthwith," with execution of the warrant stayed on condition that tenant comply with a specified payment schedule. The stipulation provided that upon tenant's default in complying with the payment schedule, landlord could execute on the warrant. Tenant failed to comply with the payment schedule, and failed to comply with payment deadline extensions provided in subsequent Civil Court orders. Thus, Civil Court properly denied tenant's motion for further relief (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]; see also Hotel Cameron, Inc. v Purcell, 35 AD3d 153 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 24, 2010