[*1]
Swalm St. Realty LLC v Victory Envtl. Servs., Ltd.
2005 NY Slip Op 51900(U) [10 Misc 3d 128(A)]
Decided on November 21, 2005
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: November 21, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
2005-463 N C

Swalm Street Realty LLC, Respondent,

against

Victory Environmental Services, Ltd., Appellant.


Appeal from an order of the District Court of Nassau County, First District (David A. Gross, J.), entered December 9, 2004. The order denied a motion by tenant to vacate a final judgment and warrant entered after a default under a stipulation.


Order unanimously affirmed without costs.

Tenant, which did not obtain a stay of enforcement of the final judgment pending appeal and is no longer in possession of the premises, does not ask to be restored to possession. In this posture, no equitable considerations are shown which warrant excusing tenant's default under the terms of the stipulation settling this commercial [*2]
nonpayment proceeding (see generally Vanguard Diversified, Inc. v Review Co., 35 AD2d 102, 106 [1970] [doctrine of substantial compliance is founded in part upon equitable principles]).
Decision Date: November 21, 2005