| Forty Cent. Park S. v Wadud |
| 2007 NY Slip Op 50281(U) [14 Misc 3d 138(A)] |
| Decided on February 21, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated July 7, 2006, which denied his cross motion, inter alia, to vacate the warrant of eviction, and granted landlord's motion for attorneys' fees in a nonpayment summary proceeding.
PER CURIAM:
Order (Michelle D. Schreiber, J.), dated July 7, 2006, affirmed, with $10 costs.
In light of tenant's repeated violations of the unambiguous payment terms of the "so-ordered" settlement stipulation negotiated by counsel, Civil Court properly granted landlord's motion for legal fees under the default provision of the stipulation. "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]). We have considered tenant's remaining arguments and find them unavailing.
This constitutes the decision and order of the court.
Decision Date: February 21, 2007