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359 W. 126 LLC v Aniton
2006 NY Slip Op 51513(U) [12 Misc 3d 146(A)]
Decided on August 2, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, JJ
570874/05.

359 West 126 LLC, Petitioner-Landlord-Respondent,

against

Abasi Aniton, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court, New York County (Michelle D. Schreiber, J.), dated November 4, 2005, which denied his motion to stay execution of a warrant of eviction in a summary holdover proceeding based upon chronic nonpayment of rent.


PER CURIAM:

Order (Michelle D. Schreiber, J.), dated November 4, 2005, affirmed, without costs.

Civil Court appropriately exercised its discretion in denying tenant relief from his repeated defaults in tendering rent due pursuant to the unambiguous 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 Assoc. 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: August 02, 2006