Board of Mgrs. of the St. Tropez Condominium v Kashani Corp.

[*1] Board of Mgrs. of the St. Tropez Condominium v Kashani Corp. 2010 NY Slip Op 50939(U) [27 Misc 3d 140(A)] Decided on May 26, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 26, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570200/10.

Board of Managers of the St. Tropez Condominium, Petitioner-Landlord-Respondent,

against

Kashani Corporation d/b/a Take 6 Boutique, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Kibbie F. Payne, J.), dated January 8, 2010, which denied its motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Kibbie F. Payne, J.), dated January 8, 2010, affirmed, with $10 costs.

The commercial tenant offered no valid excuse for its demonstrated failure to comply with the unambiguous payment provisions of the stipulation settling the underlying nonpayment summary proceeding. On this record, "good cause for vacating a warrant of eviction (see RPAPL 749 [1]), especially one issued pursuant to ... a so-ordered stipulation, was absent as a matter of law" (City of New York v 130/40 Essex St. Dev. Corp., 302 AD2d 292, 294 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 26, 2010