M & R Realty Co., LLC v Brumfeld

[*1] M & R Realty Co., LLC v Brumfeld 2010 NY Slip Op 51537(U) [28 Misc 3d 139(A)] Decided on August 31, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ
570136/10.

M & R Realty Company, LLC, Petitioner-Landlord-Respondent,

against

Erik Brumfeld, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated December 3, 2009, which denied his motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Arlene H. Hahn, J.), dated December 3, 2009, affirmed, without costs.

On this record, and in view of the tenant's repeated and unexplained failure to comply with the unambiguous payment terms of the parties' settlement stipulation and several court orders, the denial of a further stay of execution of the warrant of eviction was appropriate (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 31, 2010