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Uptown Realty Unlimited v Obregon
2004 NY Slip Op 50707(U)
Decided on June 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 21, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570816/03

UPTOWN REALTY UNLIMITED, L.L.C., Petitioner-Landlord-Respondent,

against

DAVID OBREGON, CARMEN OBREGON, "JOHN DOE" & "JANE DOE" 128 Fort Washington Avenue, Apt. 8-I New York, N.Y. 10032 Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County, entered on or about July 30, 2003 (Peter M. Wendt, J.) which denied his 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 entered on or about July 30, 2003 (Peter M. Wendt, J.) affirmed, without costs, for the reasons stated by Peter W. Wendt, J. at the Civil Court.

We agree that strict enforcement of the "so ordered" stipulations settling the underlying chronic rent delinquency holdover proceeding is warranted, in view of the tenant's successive payment defaults during the probationary period agreed to by the parties through counsel (see Mill Rock Plaza Assocs. v Lively, 224 AD2d 301 [1996]).

This constitutes the decision and order of the court.