MacDougal & Sixth Realty LLC v Watts

[*1] MacDougal & Sixth Realty LLC v Watts 2014 NY Slip Op 50894(U) Decided on June 9, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 9, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
570172/14

MacDougal & Sixth Realty LLC, Petitioner-Landlord-Respondent, -

against

Phillip M. Watts, Respondent-Tenant, -and- Sasson G. Efrat, Respondent-Appellant.

Respondent Sasson G. Efrat appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated October 9, 2013, which awarded petitioner use and occupancy in the principal sum of $5,665.32 in a holdover summary proceeding.

Per Curiam.

Appeal from order (Arlene H. Hahn, J.), dated October 9, 2013, deemed an appeal from the ensuing judgment (same court and Judge), entered October 10, 2013, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.

In light of appellant's undisputed failure to timely surrender possession of the apartment premises on or before October 1, 2013 in violation of the clear mandate of the "time is of the essence" vacatur provisions of the parties' so-ordered settlement stipulation, the court properly awarded petitioner monthly use and occupancy in an amount consistent with the stipulation's terms. "Strict enforcement of the parties' stipulation . . . is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course" (Millrock Plaza Associates v Lively, 224 AD2d 301 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 09, 2014