[*1]
Rector, Church Wardens & Vestrymen of Trinity Church in City of N.Y. v LEX Intl., Inc.
2004 NY Slip Op 51577(U)
Decided on December 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570802/03

THE RECTOR, CHURCH WARDENS AND VESTRYMEN OF TRINITY CHURCH IN THE CITY OF NEW YORK, Petitioner-Landlord-Respondent,

against

LEX INTERNATIONAL, INC., Respondent-Tenant-Appellant, -and- KING HUDSON RESTAURANT, INC., Tenant-Respondent, JOHN DOE and RICHARD ROE, Undertenants-Respondents.


Tenant appeals from an order of the Civil Court, New York County, dated September 15, 2003 (Jose A. Padilla, Jr., J.) denying its motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.


PER CURIAM: [*2]

Order dated September 15, 2003 (Jose A. Padilla, Jr., J.) affirmed, with $10 costs.

On this record, and considering the commercial tenant's failure to offer a valid excuse for its payment defaults under the comprehensive so-ordered settlement stipulation to which it assented upon advice of counsel, we find no abuse of discretion in the denial of tenant's motion to stay execution of the properly issued warrant of eviction (see City of New York v 130/140 Essex St. Dev. Corp., 301 AD2d 292 [2003]). Tenant's counsel's bare assertions that tenant's restaurant business recently "has started picking up" and that enforcement of the possessory remedy authorized by the stipulation's provisions would result in fiscal hardship provide no basis for the relief sought (id. at 294;
see 1029 Sixth, LLC v Riniv Corp., 9 AD3d 142, 149 [2004]).

This constitutes the decision and order of the court.
Decision Date: December 08, 2004