MH Residential 1, LLC v Peterson

[*1] MH Residential 1, LLC v Peterson 2013 NY Slip Op 51192(U) Decided on July 19, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ
570493/11.

MH Residential 1, LLC, Petitioner-Landlord-Respondent, Ronald D. Peterson, 13-121 Respondent-Tenant-Appellant, -and-

against

Kathleen Peterson, Kate Peterson, R.J. Peterson, "John Doe" and "Jane Doe", Respondents-Undertenants.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), entered May 14, 2012, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Laurie L. Lau, J.), entered May 14, 2012, affirmed, without costs.

Upon tenant's undisputed failure to comply with the parties' June 8, 2007 stipulation requiring the payment of interim use and occupancy and the court's March 14, 2012 directive requiring such payments, Civil Court properly granted a possessory judgment in landlord's favor (see Rose Assoc. v Johnson, 247 AD2d 222 [1998]; Hodo v Serrecchia, 102 AD2d 807 [1984]). In affirming, we note that tenant does not now challenge the validity of the court's payment directive or the enforceability of the parties' stipulation. We reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 19, 2013