Diagonal Realty LLC v Gil

[*1] Diagonal Realty LLC v Gil 2010 NY Slip Op 51690(U) [29 Misc 3d 126(A)] Decided on October 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 1, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570047/10.

Diagonal Realty LLC, Petitioner-Landlord-Appellant,

against

Ana Gil, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Thomas M. Fitzpatrick, J.), dated March 3, 2009, which granted tenant's motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Thomas M. Fitzpatrick, J.), dated March 3, 2009, reversed, without costs, and tenant's motion denied.
Execution of the warrant of eviction shall be stayed for 60 days from service of a copy of this order, with notice of entry.

Under the particular facts and circumstances of this case, and in view of the tenant's repeated failure to comply with the unambiguous payment terms of the parties' October 2008 settlement stipulation and several court orders, the grant of a further stay of execution of the warrant of eviction was unwarranted (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]). So far as shown on this record, tenant took no steps to obtain the stipulated arrearages through recourse to City agencies until February 2009, months after the payment due date agreed upon in the stipulation (see Harvey 1390 LLC v Bodenheim, ___ Misc 3d ___, 2010 NY Slip Op 20378 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 01, 2010