Strong Assoc. v Vargas (2005 NYSlipOp 50933(U))

[*1]

Strong Assoc. v Vargas

2005 NYSlipOp 50933(U)

Decided on June 20, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.

Strong Associates,NY County Clerk's #570685/04 Petitioner-Landlord-Appellant,

against

Josephine Vargas, Respondent-Tenant-Appellant, -and- Maximo Henriquez, Respondent.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County, dated November 24, 2004 (Arlene H. Hahn, J.) which denied her motion to stay execution of a warrant of eviction in a summary holdover proceeding based upon chronic nonpayment of rent.

PER CURIAM:

Order dated November 24, 2004 (Arlene H. Hahn, J.) affirmed, without costs.

Civil Court did not abuse its discretion in denying tenant relief from her repeated defaults in tendering rent due pursuant to the unambiguous payment terms of the parties' [*2]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.
Decision Date: June 20, 2005