830 Sheva Assoc., LLC v Vasquez

[*1] 830 Sheva Assoc., LLC v Vasquez 2013 NY Slip Op 51659(U) Decided on October 11, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570487/13.

830 Sheva Associates, LLC Petitioner-Landlord-Appellant

against

Guarionex Vasquez and

OCTOBER 11, 2013 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT September 2013 Term Lowe, III, P.J., Shulman, Torres, JJ.830 Sheva Associates, LLC NY County Clerk's No. Petitioner-Landlord-Appellant570487/13 -against- Guarionex Vasquez andCalendar No. 13-269 Edwin Vasquez, Respondents-Tenants-Respondents. Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Eardell J. Rashford, J.), dated March 22, 2011, which granted tenants' motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic rent delinquency.Per Curiam. Order (Eardell J., Rashford, J.), dated March 22, 2011, reversed, without costs, and tenants' motion denied. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry. Tenants repeatedly failed to comply with the unambiguous "time of the essence" payment provisions of two so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. "Strict enforcement of the parties' stipulation . . . is warranted based upon the principle that parties to a civil dispute are free to chart their own litigation course" (Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]). Given tenants' extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a further (fourth) stay of execution of warrant of eviction was unwarranted (see Henry Hudson Gardens LLC v Bareda, 25 AD3d 466 [2006]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: October 11, 2013 Edwin Vasquez, Respondents-Tenants-Respondents.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Eardell J. Rashford, J.), dated March 22, 2011, which granted tenants' motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic rent delinquency.

Per Curiam.

Order (Eardell J., Rashford, J.), dated March 22, 2011, reversed, without costs, and tenants' motion denied. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

Tenants repeatedly failed to comply with the unambiguous "time of the essence" payment provisions of two so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. "Strict enforcement of the parties' stipulation . . . is warranted based upon the principle that parties to a civil dispute are free to chart their own litigation course" (Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]). Given tenants' extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a further (fourth) stay of execution of warrant of eviction was unwarranted (see Henry Hudson Gardens LLC v Bareda, 25 AD3d 466 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 11, 2013