First Pine Realty Corp. v Morales

[*1] First Pine Realty Corp. v Morales 2010 NY Slip Op 51138(U) [28 Misc 3d 126(A)] Decided on July 2, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 2, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570764/08.

First Pine Realty Corp., Petitioner-Landlord-Respondent

against

Janet Morales, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Pamela Jackman-Brown, J.), dated November 19, 2008, which denied her motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.

Per Curiam.
Order (Pamela Jackman-Brown, J.), dated November 19,
2008, affirmed, without costs.

In light of tenant's repeated, unexcused violations of the unambiguous payment terms of the "so-ordered" stipulations settling the underlying nonpayment summary proceeding, we sustain the denial of tenant's application for a further (fourth) stay of execution of the warrant of eviction. "Strict enforcement of the parties' stipulation[s] ... is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course" (Millrock Plaza Assoc. v Lively, 224 AD2d 301 [1996}; see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]). In reaching this determination, we note that we have not considered landlord's allegations of tenant's misconduct unrelated to the payment obligations set forth in the settlement stipulations.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 02, 2010