[*1]
960 Mgt. Corp. v Dzaba
2004 NY Slip Op 50343(U)
Decided on April 23, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 23, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
571125/02

960 MANAGEMENT CORP., Petitioner-Landlord-Respondent,

against

GEORGE DZABA, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, Bronx County, dated December 2, 2002 (George M. Heymann, J.) which denied his renewed motion to vacate a consent final judgment and warrant of eviction in a summary holdover proceeding based upon chronic nonpayment of rent.


PER CURIAM:

Order dated December 2, 2002 (George M. Heymann, J.) affirmed, without costs.

Civil Court did not abuse its discretion in denying tenant relief from his immediate default in tendering rent due pursuant to the unambiguous, "time of the essence," payment terms of the parties' settlement 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" (Mill Rock Plaza Assocs. v Lively, 224 AD2d 301 [1996]), particularly where, as here, the rent delinquencies underlying the landlord's holdover petition continued unabated into the probationary period agreed to by the parties.

This constitutes the decision and order of the court.